| 1 | 1 | | 84R11302 MCK-F |
|---|
| 2 | 2 | | By: Martinez H.B. No. 2854 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain claims for benefits or compensation by |
|---|
| 8 | 8 | | firefighters and emergency medical technicians or their survivors. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 607.052(b) and (h), Government Code, |
|---|
| 11 | 11 | | are amended to read as follows: |
|---|
| 12 | 12 | | (b) A presumption under this subchapter does not apply: |
|---|
| 13 | 13 | | (1) [to a determination of a survivor's eligibility |
|---|
| 14 | 14 | | for benefits under Chapter 615; |
|---|
| 15 | 15 | | [(2)] in a cause of action brought in a state or |
|---|
| 16 | 16 | | federal court except for judicial review of a proceeding in which |
|---|
| 17 | 17 | | there has been a grant or denial of employment-related benefits or |
|---|
| 18 | 18 | | compensation; |
|---|
| 19 | 19 | | (2) [(3)] to a determination regarding benefits or |
|---|
| 20 | 20 | | compensation under a life or disability insurance policy purchased |
|---|
| 21 | 21 | | by or on behalf of the firefighter or emergency medical technician |
|---|
| 22 | 22 | | that provides coverage in addition to any benefits or compensation |
|---|
| 23 | 23 | | required by law; or |
|---|
| 24 | 24 | | (3) [(4)] if the disease or illness for which benefits |
|---|
| 25 | 25 | | or compensation is sought is known to be caused by the use of |
|---|
| 26 | 26 | | tobacco and: |
|---|
| 27 | 27 | | (A) the firefighter or emergency medical |
|---|
| 28 | 28 | | technician is or has been a user of tobacco; or |
|---|
| 29 | 29 | | (B) the firefighter's or emergency medical |
|---|
| 30 | 30 | | technician's spouse has, during the marriage, been a user of |
|---|
| 31 | 31 | | tobacco that is consumed through smoking. |
|---|
| 32 | 32 | | (h) Subsection (b)(3) [(b)(4)] only prevents the |
|---|
| 33 | 33 | | application of the presumption authorized by this subchapter and |
|---|
| 34 | 34 | | does not affect the right of a firefighter or emergency medical |
|---|
| 35 | 35 | | technician to provide proof, without the use of that presumption, |
|---|
| 36 | 36 | | that an injury or illness occurred during the course and scope of |
|---|
| 37 | 37 | | employment. |
|---|
| 38 | 38 | | SECTION 2. Section 607.055, Government Code, is amended to |
|---|
| 39 | 39 | | read as follows: |
|---|
| 40 | 40 | | Sec. 607.055. CANCER. (a) A firefighter or emergency |
|---|
| 41 | 41 | | medical technician who suffers from cancer resulting in death or |
|---|
| 42 | 42 | | total or partial disability is presumed to have developed the |
|---|
| 43 | 43 | | cancer during the course and scope of employment as a firefighter or |
|---|
| 44 | 44 | | emergency medical technician if: |
|---|
| 45 | 45 | | (1) the firefighter or emergency medical technician: |
|---|
| 46 | 46 | | (A) regularly responded on the scene to calls |
|---|
| 47 | 47 | | involving fires or fire fighting; or |
|---|
| 48 | 48 | | (B) regularly responded to an event involving the |
|---|
| 49 | 49 | | documented release of radiation or a known or suspected carcinogen |
|---|
| 50 | 50 | | while the person was employed as a firefighter or emergency medical |
|---|
| 51 | 51 | | technician; and |
|---|
| 52 | 52 | | (2) either: |
|---|
| 53 | 53 | | (A) the cancer is known to be associated with |
|---|
| 54 | 54 | | fire fighting or exposure to heat, smoke, radiation, or a known or |
|---|
| 55 | 55 | | suspected carcinogen[,] as determined by the International Agency |
|---|
| 56 | 56 | | for Research on Cancer; or |
|---|
| 57 | 57 | | (B) the firefighter's or emergency medical |
|---|
| 58 | 58 | | technician's treating physician believes, with reasonable medical |
|---|
| 59 | 59 | | probability, that the cancer is not the result of other known causes |
|---|
| 60 | 60 | | [described by Subsection (b)]. |
|---|
| 61 | 61 | | (b) The presumption established by Subsection (a) does not |
|---|
| 62 | 62 | | apply to a type of cancer that has been proven to not be caused by |
|---|
| 63 | 63 | | fire fighting or [This section applies only to a type of cancer that |
|---|
| 64 | 64 | | may be caused by] exposure to heat, smoke, radiation, or a known or |
|---|
| 65 | 65 | | suspected carcinogen [as determined by the International Agency for |
|---|
| 66 | 66 | | Research on Cancer]. |
|---|
| 67 | 67 | | SECTION 3. Section 615.021(d), Government Code, is amended |
|---|
| 68 | 68 | | to read as follows: |
|---|
| 69 | 69 | | (d) In a determination of whether the survivor of an |
|---|
| 70 | 70 | | individual listed under Section 615.003 is eligible for the payment |
|---|
| 71 | 71 | | of assistance under this chapter, any reasonable doubt arising from |
|---|
| 72 | 72 | | the circumstances of the individual's death, including whether a |
|---|
| 73 | 73 | | presumption under Subchapter B, Chapter 607, applies, shall be |
|---|
| 74 | 74 | | resolved in favor of the payment of assistance to the survivor. |
|---|
| 75 | 75 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 79 | 79 | | Act takes effect September 1, 2015. |
|---|