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 |
|
||
|
||
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. |