81R2351 SLB-F
By: Naishtat H.B. No. 4560
A BILL TO BE ENTITLED
AN ACT
relating to certain diseases or illnesses suffered by certain
emergency first responders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 607, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. OTHER DISEASES OR ILLNESSES SUFFERED BY FIREFIGHTERS
AND EMERGENCY MEDICAL TECHNICIANS
Sec. 607.101. DEFINITIONS. In this subchapter:
(1) "Disability" means partial or total disability.
(2) "Emergency medical technician" means an
individual who is certified as an emergency medical technician by
the Department of State Health Services as provided by Chapter 773,
Health and Safety Code, and who is a full-time employee of a
political subdivision.
(3) "Firefighter" means an individual who is defined
as fire protection personnel under Section 419.021 and is a
full-time employee of a political subdivision.
Sec. 607.102. NOTIFICATION. A firefighter or emergency
medical technician who is exposed to methicillin-resistant
staphylococcus aureus is entitled to receive notification of the
exposure in the manner prescribed by Section 81.048, Health and
Safety Code.
Sec. 607.103. PRESUMPTION. A firefighter or emergency
medical technician who contracts methicillin-resistant
staphylococcus aureus resulting in illness or death is presumed to
have suffered the illness or death during the course and scope of
employment if the firefighter or emergency medical technician while
on duty:
(1) was exposed to a person diagnosed with
methicillin-resistant staphylococcus aureus who received medical
treatment from the firefighter or emergency medical technician; or
(2) participated in a training exercise involving the
use of equipment contaminated or suspected to be contaminated with
methicillin-resistant staphylococcus aureus.
Sec. 607.104. EFFECT OF PRESUMPTION. A presumption
established under this subchapter applies to a determination of
whether a firefighter'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. 607.105. PRESUMPTION REBUTTABLE. A presumption under
this subchapter 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 or emergency medical technician caused the
individual's disease or illness.
Sec. 607.106. PROHIBITED PAYMENT. No payment shall be made
to the subsequent injury fund under Section 403.007, Labor Code,
for any death resulting from a disease or illness presumed to have
been contracted in the course and scope of employment under this
subchapter.
SECTION 2. 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 3. This Act takes effect September 1, 2009.