84R1588 CJC-F
By: Martinez H.B. No. 50
A BILL TO BE ENTITLED
AN ACT
relating to certain diseases or illnesses suffered by firefighters
and emergency medical technicians.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 607.056, Government Code, is amended to
read as follows:
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [(a)]
A firefighter 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 or emergency medical
technician if [:
[(1) while on duty, the firefighter 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 or emergency medical technician was
on duty [engaging in the activity described under Subdivision (1)].
[(b) For purposes of this section, "nonroutine stressful or
strenuous physical activity" does not include clerical,
administrative, or nonmanual activities.]
SECTION 2. Subchapter B, Chapter 607, Government Code, is
amended by adding Section 607.0565 to read as follows:
Sec. 607.0565. CERTAIN CONTAGIOUS DISEASES. (a) A
firefighter or emergency medical technician who suffers from
acquired immune deficiency syndrome (AIDS), human immunodeficiency
virus (HIV) infection, hepatitis B, or hepatitis C is presumed to
have contracted the disease or illness during the course and scope
of employment as a firefighter or emergency medical technician if
while on duty the firefighter or emergency medical technician:
(1) regularly responded on the scene to calls
involving exposure to blood or other bodily fluids potentially
containing blood- or fluid-borne pathogens, either directly or in
connection with the use of or exposure to sharps; or
(2) responded to an event involving the documented
release of blood or other bodily fluids known to contain HIV,
hepatitis B virus, or hepatitis C virus.
(b) A firefighter or emergency medical technician who
suffers from methicillin-resistant Staphylococcus aureus is
presumed to have become infected with the bacterium during the
course and scope of employment as a firefighter or emergency
medical technician if while on duty the firefighter or emergency
medical technician responded to an event involving documented
exposure to methicillin-resistant Staphylococcus aureus.
SECTION 3. Section 607.058, Government Code, is amended to
read as follows:
Sec. 607.058. PRESUMPTION REBUTTABLE. A presumption under
Section 607.053, 607.054, 607.055, [or] 607.056, or 607.0565 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.
SECTION 4. 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 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.