| 1 | 1 | | 84R1654 CJC-F |
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| 2 | 2 | | By: Martinez H.B. No. 60 |
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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 firefighters and emergency medical technicians who |
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| 8 | 8 | | bring certain claims for benefits or compensation. |
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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 607.052, Government Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (d-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Notwithstanding any other law, this subchapter applies |
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| 14 | 14 | | only to a firefighter or emergency medical technician who: |
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| 15 | 15 | | (1) on becoming employed or during employment as a |
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| 16 | 16 | | firefighter or emergency medical technician, received a physical |
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| 17 | 17 | | examination that failed to reveal evidence of the illness or |
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| 18 | 18 | | disease for which benefits or compensation are sought using a |
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| 19 | 19 | | presumption established by this subchapter; |
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| 20 | 20 | | (2) is employed for five or more years as a firefighter |
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| 21 | 21 | | or emergency medical technician; and |
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| 22 | 22 | | (3) seeks benefits or compensation for a disease or |
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| 23 | 23 | | illness covered by this subchapter that is discovered: |
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| 24 | 24 | | (A) during employment as a firefighter or |
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| 25 | 25 | | emergency medical technician; |
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| 26 | 26 | | (B) not later than the fifth anniversary of the |
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| 27 | 27 | | last date of employment as a firefighter or emergency medical |
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| 28 | 28 | | technician if the disease or illness is cancer or asbestosis; or |
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| 29 | 29 | | (C) not later than the first anniversary of the |
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| 30 | 30 | | last date of employment as a firefighter or emergency medical |
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| 31 | 31 | | technician if the disease or illness is not cancer or asbestosis. |
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| 32 | 32 | | (d-1) This subchapter does not affect a workers' |
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| 33 | 33 | | compensation claim. |
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| 34 | 34 | | SECTION 2. Section 607.052(a), Government Code, as amended |
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| 35 | 35 | | by this Act, applies only to a firefighter or emergency medical |
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| 36 | 36 | | technician who brings a claim for benefits or compensation on or |
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| 37 | 37 | | after the effective date of this Act. A firefighter or emergency |
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| 38 | 38 | | medical technician who brings a claim for benefits or compensation |
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| 39 | 39 | | before the effective date of this Act is governed by the law in |
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| 40 | 40 | | effect on the date the claim is made, and the former law is |
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| 41 | 41 | | continued in effect for that purpose. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2015. |
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