Bill Text: TX SB1582 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to benefits for peace officers relating to certain diseases or illnesses.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1582 Detail]
Download: Texas-2019-SB1582-Enrolled.html
S.B. No. 1582 |
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relating to benefits for peace officers relating to certain | ||
diseases or illnesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.004(a), Government Code, is amended | ||
to read as follows: | ||
(a) A certified fire fighter, peace officer, or other | ||
governmental employee who operates an ambulance or who responds to | ||
emergency medical calls is entitled to preventative immunization | ||
for any disease to which the fire fighter, peace officer, or other | ||
governmental employee may be exposed in performing official duties | ||
and for which immunization is possible. | ||
SECTION 2. The heading to Subchapter B, Chapter 607, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY FIREFIGHTERS, | ||
PEACE OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS | ||
SECTION 3. Section 607.051, Government Code, is amended by | ||
adding Subdivision (4) to read as follows: | ||
(4) "Peace officer" means an individual elected, | ||
appointed, or employed to serve as a peace officer for a | ||
governmental entity under Article 2.12, Code of Criminal Procedure, | ||
or other law. | ||
SECTION 4. Sections 607.052(a), (b), (e), (g), and (h), | ||
Government Code, are amended to read as follows: | ||
(a) Notwithstanding any other law, this subchapter applies | ||
only to a firefighter, peace officer, or emergency medical | ||
technician who: | ||
(1) on becoming employed or during employment as a | ||
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; and | ||
(3) seeks benefits or compensation for a disease or | ||
illness covered by this subchapter that is discovered during | ||
employment as a 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 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 known to be caused by the use of tobacco | ||
and: | ||
(A) the firefighter, peace officer, or emergency | ||
medical technician is or has been a user of tobacco; or | ||
(B) the firefighter's, peace officer's, or | ||
emergency medical technician's spouse has, during the marriage, | ||
been a user of tobacco that is consumed through smoking. | ||
(e) A firefighter, peace officer, or emergency medical | ||
technician who uses a presumption established under this subchapter | ||
is entitled only to the benefits or compensation to which the | ||
firefighter, peace officer, or emergency medical technician would | ||
otherwise be entitled to receive at the time the claim for benefits | ||
or compensation is filed. | ||
(g) This subchapter applies to a firefighter, peace | ||
officer, or emergency medical technician who provides services as | ||
an employee of an entity created by an interlocal agreement. | ||
(h) Subsection (b)(4) only prevents the application of the | ||
presumption authorized by this subchapter and does not affect the | ||
right of a firefighter, peace officer, or emergency medical | ||
technician to provide proof, without the use of that presumption, | ||
that an injury or illness occurred during the course and scope of | ||
employment. | ||
SECTION 5. Sections 607.053(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) A firefighter, peace officer, or emergency medical | ||
technician is presumed to have suffered a disability or death | ||
during the course and scope of employment if the firefighter, peace | ||
officer, or emergency medical technician: | ||
(1) received preventative immunization against | ||
smallpox, or another disease to which the firefighter, peace | ||
officer, or emergency medical technician may be exposed during the | ||
course and scope of employment and for which immunization is | ||
possible; and | ||
(2) suffered death or total or partial disability as a | ||
result of the immunization. | ||
(c) A presumption established under Subsection (a) may not | ||
be rebutted by evidence that the immunization was: | ||
(1) not required by the employer; | ||
(2) not required by law; or | ||
(3) received voluntarily or with the consent of the | ||
firefighter, peace officer, or emergency medical technician. | ||
(d) A firefighter, peace officer, or emergency medical | ||
technician who suffers from smallpox that results in death or total | ||
or partial disability is presumed to have contracted the disease | ||
during the course and scope of employment as a firefighter, peace | ||
officer, or emergency medical technician. | ||
SECTION 6. Section 607.054, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS. A | ||
firefighter, peace officer, or emergency medical technician who | ||
suffers from tuberculosis, or any other disease or illness of the | ||
lungs or respiratory tract that has a statistically positive | ||
correlation with service as a firefighter, peace officer, or | ||
emergency medical technician, that results in death or total or | ||
partial disability is presumed to have contracted the disease or | ||
illness during the course and scope of employment as a firefighter, | ||
peace officer, or emergency medical technician. | ||
SECTION 7. Section 607.056(a), Government Code, is amended | ||
to read as follows: | ||
(a) A firefighter, peace officer, or emergency medical | ||
technician who suffers an acute myocardial infarction or stroke | ||
resulting in disability or death is presumed to have suffered the | ||
disability or death during the course and scope of employment as a | ||
firefighter, peace officer, or emergency medical technician if: | ||
(1) while on duty, the firefighter, peace officer, or | ||
emergency medical technician: | ||
(A) was engaged in a situation that involved | ||
nonroutine stressful or strenuous physical activity involving fire | ||
suppression, rescue, hazardous material response, emergency | ||
medical services, or other emergency response activity; or | ||
(B) participated in a training exercise that | ||
involved nonroutine stressful or strenuous physical activity; and | ||
(2) the acute myocardial infarction or stroke occurred | ||
while the firefighter, peace officer, or emergency medical | ||
technician was engaging in the activity described under Subdivision | ||
(1). | ||
SECTION 8. Sections 607.057 and 607.058, Government Code, | ||
are amended to read as follows: | ||
Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by | ||
Section 607.052(b), a presumption established under this | ||
subchapter applies to a determination of whether a firefighter's, | ||
peace officer's, or emergency medical technician's disability or | ||
death resulted from a disease or illness contracted in the course | ||
and scope of employment for purposes of benefits or compensation | ||
provided under another employee benefit, law, or plan, including a | ||
pension plan. | ||
Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption | ||
under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted | ||
through a showing by a preponderance of the evidence that a risk | ||
factor, accident, hazard, or other cause not associated with the | ||
individual's service as a firefighter, peace officer, or emergency | ||
medical technician caused the individual's disease or illness. | ||
(b) A rebuttal offered under this section must include a | ||
statement by the person offering the rebuttal that describes, in | ||
detail, the evidence that the person reviewed before making the | ||
determination that a cause not associated with the individual's | ||
service as a firefighter, peace officer, or emergency medical | ||
technician caused the individual's disease or illness. | ||
SECTION 9. Section 409.022(d), Labor Code, is amended to | ||
read as follows: | ||
(d) In this subsection, the terms "emergency medical | ||
technician," "firefighter," and "peace officer" [ |
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Government Code. In addition to the other requirements of this | ||
section, if an insurance carrier's notice of refusal to pay | ||
benefits under Section 409.021 is sent in response to a claim for | ||
compensation resulting from an emergency medical technician's, | ||
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which a presumption is claimed to be applicable under Subchapter B, | ||
Chapter 607, Government Code, the notice must include a statement | ||
by the carrier that: | ||
(1) explains why the carrier determined a presumption | ||
under that subchapter does not apply to the claim for compensation; | ||
and | ||
(2) describes the evidence that the carrier reviewed | ||
in making the determination described by Subdivision (1). | ||
SECTION 10. The changes in law made by this Act apply 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 made, and that law is continued in effect for that | ||
purpose. | ||
SECTION 11. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1582 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 21, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1582 passed the House, with | ||
amendment, on May 14, 2019, by the following vote: Yeas 138, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |