| 1 | 1 | | 84R5236 CJC-D |
|---|
| 2 | 2 | | By: Creighton S.B. No. 1768 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain diseases or illnesses suffered by firefighters |
|---|
| 8 | 8 | | and emergency medical technicians. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 607.056, Government Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [(a)] |
|---|
| 13 | 13 | | A firefighter or emergency medical technician who suffers an acute |
|---|
| 14 | 14 | | myocardial infarction or stroke resulting in disability or death is |
|---|
| 15 | 15 | | presumed to have suffered the disability or death during the course |
|---|
| 16 | 16 | | and scope of employment as a firefighter or emergency medical |
|---|
| 17 | 17 | | technician if [: |
|---|
| 18 | 18 | | [(1) while on duty, the firefighter or emergency |
|---|
| 19 | 19 | | medical technician: |
|---|
| 20 | 20 | | [(A) was engaged in a situation that involved |
|---|
| 21 | 21 | | nonroutine stressful or strenuous physical activity involving fire |
|---|
| 22 | 22 | | suppression, rescue, hazardous material response, emergency |
|---|
| 23 | 23 | | medical services, or other emergency response activity; or |
|---|
| 24 | 24 | | [(B) participated in a training exercise that |
|---|
| 25 | 25 | | involved nonroutine stressful or strenuous physical activity; and |
|---|
| 26 | 26 | | [(2)] the acute myocardial infarction or stroke |
|---|
| 27 | 27 | | occurred while the firefighter or emergency medical technician was |
|---|
| 28 | 28 | | on duty [engaging in the activity described under Subdivision (1)]. |
|---|
| 29 | 29 | | [(b) For purposes of this section, "nonroutine stressful or |
|---|
| 30 | 30 | | strenuous physical activity" does not include clerical, |
|---|
| 31 | 31 | | administrative, or nonmanual activities.] |
|---|
| 32 | 32 | | SECTION 2. Section 607.058, Government Code, is amended to |
|---|
| 33 | 33 | | read as follows: |
|---|
| 34 | 34 | | Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption |
|---|
| 35 | 35 | | under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted |
|---|
| 36 | 36 | | through a showing by a preponderance of the evidence that a risk |
|---|
| 37 | 37 | | factor, accident, hazard, or other cause not associated with the |
|---|
| 38 | 38 | | individual's service as a firefighter or emergency medical |
|---|
| 39 | 39 | | technician caused the individual's disease or illness. |
|---|
| 40 | 40 | | (b) A rebuttal offered under this section must include a |
|---|
| 41 | 41 | | statement by the person offering the rebuttal that describes, in |
|---|
| 42 | 42 | | detail, the evidence that the person reviewed before making the |
|---|
| 43 | 43 | | determination that a cause not associated with the individual's |
|---|
| 44 | 44 | | service as a firefighter or emergency medical technician caused the |
|---|
| 45 | 45 | | individual's disease or illness. |
|---|
| 46 | 46 | | SECTION 3. The changes in law made by this Act apply to a |
|---|
| 47 | 47 | | claim for benefits or compensation brought on or after the |
|---|
| 48 | 48 | | effective date of this Act. A claim for benefits or compensation |
|---|
| 49 | 49 | | brought before that date is covered by the law in effect on the date |
|---|
| 50 | 50 | | the claim was made, and that law is continued in effect for that |
|---|
| 51 | 51 | | purpose. |
|---|
| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 56 | 56 | | Act takes effect September 1, 2015. |
|---|