Texas 2015 - 84th Regular

Texas House Bill HB1388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bohac (Senate Sponsor - Creighton) H.B. No. 1388
2		-	(In the Senate - Received from the House April 29, 2015;
3		-	April 30, 2015, read first time and referred to Committee on State
4		-	Affairs; May 8, 2015, reported favorably by the following vote:
5		-	Yeas 9, Nays 0; May 8, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1388
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to certain diseases or illnesses suffered by firefighters
12	6		and emergency medical technicians.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 607.058, Government Code, is amended to
15	9		read as follows:
16	10		Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
17	11		under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
18	12		through a showing by a preponderance of the evidence that a risk
19	13		factor, accident, hazard, or other cause not associated with the
20	14		individual's service as a firefighter or emergency medical
21	15		technician caused the individual's disease or illness.
22	16		(b) A rebuttal offered under this section must include a
23	17		statement by the person offering the rebuttal that describes, in
24	18		detail, the evidence that the person reviewed before making the
25	19		determination that a cause not associated with the individual's
26	20		service as a firefighter or emergency medical technician caused the
27	21		individual's disease or illness.
28	22		SECTION 2. Section 409.022, Labor Code, is amended by
29	23		adding Subsection (d) to read as follows:
30	24		(d) In this subsection, the terms "emergency medical
31	25		technician" and "firefighter" have the meanings assigned by Section
32	26		607.051, Government Code. In addition to the other requirements of
33	27		this section, if an insurance carrier's notice of refusal to pay
34	28		benefits under Section 409.021 is sent in response to a claim for
35	29		compensation resulting from an emergency medical technician's or a
36	30		firefighter's disability or death for which a presumption is
37	31		claimed to be applicable under Subchapter B, Chapter 607,
38	32		Government Code, the notice must include a statement by the carrier
39	33		that:
40	34		(1) explains why the carrier determined a presumption
41	35		under that subchapter does not apply to the claim for compensation;
42	36		and
43	37		(2) describes the evidence that the carrier reviewed
44	38		in making the determination described by Subdivision (1).
45	39		SECTION 3. The changes in law made by this Act apply to a
46	40		claim for benefits or compensation brought on or after the
47	41		effective date of this Act. A claim for benefits or compensation
48	42		brought before that date is covered by the law in effect on the date
49	43		the claim was made, and that law is continued in effect for that
50	44		purpose.
51	45		SECTION 4. This Act takes effect immediately if it receives
52	46		a vote of two-thirds of all the members elected to each house, as
53	47		provided by Section 39, Article III, Texas Constitution. If this
54	48		Act does not receive the vote necessary for immediate effect, this
55	49		Act takes effect September 1, 2015.
56		-	* * * * *
	50	+	______________________________ ______________________________
	51	+	President of the Senate Speaker of the House
	52	+	I certify that H.B. No. 1388 was passed by the House on April
	53	+	28, 2015, by the following vote: Yeas 143, Nays 3, 1 present, not
	54	+	voting.
	55	+	______________________________
	56	+	Chief Clerk of the House
	57	+	I certify that H.B. No. 1388 was passed by the Senate on May
	58	+	15, 2015, by the following vote: Yeas 31, Nays 0.
	59	+	______________________________
	60	+	Secretary of the Senate
	61	+	APPROVED: _____________________
	62	+	Date
	63	+	_____________________
	64	+	Governor