| 1 | 1 | | 84R1588 CJC-F |
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| 2 | 2 | | By: Martinez H.B. No. 50 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain diseases or illnesses suffered by firefighters |
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| 8 | 8 | | and emergency medical technicians. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 607.056, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [(a)] |
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| 13 | 13 | | A firefighter or emergency medical technician who suffers an acute |
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| 14 | 14 | | myocardial infarction or stroke resulting in disability or death is |
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| 15 | 15 | | presumed to have suffered the disability or death during the course |
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| 16 | 16 | | and scope of employment as a firefighter or emergency medical |
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| 17 | 17 | | technician if [: |
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| 18 | 18 | | [(1) while on duty, the firefighter or emergency |
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| 19 | 19 | | medical technician: |
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| 20 | 20 | | [(A) was engaged in a situation that involved |
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| 21 | 21 | | nonroutine stressful or strenuous physical activity involving fire |
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| 22 | 22 | | suppression, rescue, hazardous material response, emergency |
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| 23 | 23 | | medical services, or other emergency response activity; or |
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| 24 | 24 | | [(B) participated in a training exercise that |
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| 25 | 25 | | involved nonroutine stressful or strenuous physical activity; and |
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| 26 | 26 | | [(2)] the acute myocardial infarction or stroke |
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| 27 | 27 | | occurred while the firefighter or emergency medical technician was |
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| 28 | 28 | | on duty [engaging in the activity described under Subdivision (1)]. |
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| 29 | 29 | | [(b) For purposes of this section, "nonroutine stressful or |
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| 30 | 30 | | strenuous physical activity" does not include clerical, |
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| 31 | 31 | | administrative, or nonmanual activities.] |
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| 32 | 32 | | SECTION 2. Subchapter B, Chapter 607, Government Code, is |
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| 33 | 33 | | amended by adding Section 607.0565 to read as follows: |
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| 34 | 34 | | Sec. 607.0565. CERTAIN CONTAGIOUS DISEASES. (a) A |
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| 35 | 35 | | firefighter or emergency medical technician who suffers from |
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| 36 | 36 | | acquired immune deficiency syndrome (AIDS), human immunodeficiency |
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| 37 | 37 | | virus (HIV) infection, hepatitis B, or hepatitis C is presumed to |
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| 38 | 38 | | have contracted the disease or illness during the course and scope |
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| 39 | 39 | | of employment as a firefighter or emergency medical technician if |
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| 40 | 40 | | while on duty the firefighter or emergency medical technician: |
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| 41 | 41 | | (1) regularly responded on the scene to calls |
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| 42 | 42 | | involving exposure to blood or other bodily fluids potentially |
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| 43 | 43 | | containing blood- or fluid-borne pathogens, either directly or in |
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| 44 | 44 | | connection with the use of or exposure to sharps; or |
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| 45 | 45 | | (2) responded to an event involving the documented |
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| 46 | 46 | | release of blood or other bodily fluids known to contain HIV, |
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| 47 | 47 | | hepatitis B virus, or hepatitis C virus. |
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| 48 | 48 | | (b) A firefighter or emergency medical technician who |
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| 49 | 49 | | suffers from methicillin-resistant Staphylococcus aureus is |
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| 50 | 50 | | presumed to have become infected with the bacterium during the |
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| 51 | 51 | | course and scope of employment as a firefighter or emergency |
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| 52 | 52 | | medical technician if while on duty the firefighter or emergency |
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| 53 | 53 | | medical technician responded to an event involving documented |
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| 54 | 54 | | exposure to methicillin-resistant Staphylococcus aureus. |
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| 55 | 55 | | SECTION 3. Section 607.058, Government Code, is amended to |
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| 56 | 56 | | read as follows: |
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| 57 | 57 | | Sec. 607.058. PRESUMPTION REBUTTABLE. A presumption under |
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| 58 | 58 | | Section 607.053, 607.054, 607.055, [or] 607.056, or 607.0565 may be |
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| 59 | 59 | | rebutted through a showing by a preponderance of the evidence that a |
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| 60 | 60 | | risk factor, accident, hazard, or other cause not associated with |
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| 61 | 61 | | the individual's service as a firefighter or emergency medical |
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| 62 | 62 | | technician caused the individual's disease or illness. |
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| 63 | 63 | | SECTION 4. The changes in law made by this Act apply to a |
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| 64 | 64 | | claim for benefits or compensation brought on or after the |
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| 65 | 65 | | effective date of this Act. A claim for benefits or compensation |
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| 66 | 66 | | brought before that date is covered by the law in effect on the date |
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| 67 | 67 | | the claim was made, and that law is continued in effect for that |
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| 68 | 68 | | purpose. |
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| 69 | 69 | | SECTION 5. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2015. |
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