Bill Text: TX SB1069 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain claims for benefits or compensation by survivors of fire fighters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-07 - Referred to State Affairs [SB1069 Detail]
Download: Texas-2017-SB1069-Introduced.html
| 85R10313 YDB-F | ||
| By: Hughes | S.B. No. 1069 | |
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| relating to certain claims for benefits or compensation by | ||
| survivors of fire fighters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 615.021, Government Code, is amended by | ||
| adding Subsections (d-1), (d-2), and (d-3) to read as follows: | ||
| (d-1) In a determination of whether the survivor of an | ||
| individual listed under Section 615.003(10), (11), or (12) is | ||
| eligible for the payment of assistance under this chapter, the | ||
| opinion of the individual's employer on whether the individual's | ||
| death resulted from a personal injury sustained in the line of duty | ||
| may not be considered. | ||
| (d-2) In a determination on the payment of assistance under | ||
| Subsection (d) to a survivor of an individual listed under Section | ||
| 615.003(10), (11), or (12) who died as a result of an illness | ||
| sustained in the line of duty, any reasonable doubt arising from the | ||
| circumstances of the individual's death shall be resolved in favor | ||
| of payment if scientific evidence is presented that establishes: | ||
| (1) the incidence rate for the individual's illness is | ||
| statistically significantly higher among persons performing the | ||
| same job duties as the individual compared to the incidence rate of | ||
| the illness for the general population; or | ||
| (2) a causal link between the individual's illness and | ||
| a hazardous condition encountered by the individual in performing | ||
| the individual's job duties. | ||
| (d-3) If an individual listed under Section 615.003(10), | ||
| (11), or (12) died as a result of a newly discovered or rare illness | ||
| for which the scientific evidence described in Subsection (d-2) | ||
| does not exist, deference shall be given to the medical opinion of | ||
| the individual's treating physician to resolve in favor of the | ||
| payment of assistance under Subsection (d) any reasonable doubt | ||
| regarding the circumstances of the individual's death as a result | ||
| of an illness sustained in the line of duty. | ||
| 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 that date is covered by the law in effect on the date | ||
| the claim was brought, and that 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, 2017. | ||
