Bill Text: TX HB2315 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to certain presumptions applicable to claims for benefits for certain public safety employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Business & Industry [HB2315 Detail]
Download: Texas-2023-HB2315-Introduced.html
88R2724 SCP-F | ||
By: Canales | H.B. No. 2315 |
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relating to certain presumptions applicable to claims for benefits | ||
for certain public safety employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 607.052(a), (b), and (h), Government | ||
Code, are amended to read as follows: | ||
(a) Notwithstanding any other law, this subchapter applies | ||
only to a detention officer, custodial officer, firefighter, peace | ||
officer, or emergency medical technician who: | ||
(1) on becoming employed or during employment as a | ||
detention officer, custodial officer, firefighter, peace officer, | ||
or emergency medical technician, received a physical examination | ||
that failed to reveal evidence of the illness or disease for which | ||
benefits or compensation are sought using a presumption established | ||
by this subchapter; | ||
(2) is employed for five or more years as a | ||
firefighter, peace officer, or emergency medical technician, | ||
except for the presumptions [ |
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and [ |
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(3) seeks benefits or compensation for a disease or | ||
illness covered by this subchapter that is discovered during | ||
employment as a detention officer, custodial officer, firefighter, | ||
peace officer, or emergency medical technician. | ||
(b) A presumption under this subchapter does not apply: | ||
(1) to a determination of a survivor's eligibility for | ||
benefits under Chapter 615; | ||
(2) in a cause of action brought in a state or federal | ||
court except for judicial review of a proceeding in which there has | ||
been a grant or denial of employment-related benefits or | ||
compensation; | ||
(3) to a determination regarding benefits or | ||
compensation under a life or disability insurance policy purchased | ||
by or on behalf of the detention officer, custodial officer, | ||
firefighter, peace officer, or emergency medical technician that | ||
provides coverage in addition to any benefits or compensation | ||
required by law; or | ||
(4) if the disease or illness for which benefits or | ||
compensation is sought is a cancer listed in Section 607.055 and | ||
known to be caused by the use of tobacco and: | ||
(A) the firefighter[ |
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emergency medical technician has used a tobacco product in the five | ||
years preceding the diagnosis of the cancer [ |
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(B) the firefighter's[ |
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emergency medical technician's spouse has, during the marriage, | ||
used a tobacco product that is consumed through smoking in the five | ||
years preceding the diagnosis of the cancer [ |
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(h) Subsection (b)(4) only prevents the application of the | ||
presumption authorized by this subchapter and does not affect the | ||
right of a firefighter[ |
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technician to provide proof, without the use of that presumption, | ||
that an injury or illness occurred during the course and scope of | ||
employment. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
a claim for benefits or compensation brought on or after the | ||
effective date of this Act. A claim for benefits or compensation | ||
brought before the effective date of this Act is governed by the law | ||
in effect on the date the claim was made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |