| 1 | 1 | | 85R24622 YDB-F |
|---|
| 2 | 2 | | By: Rodriguez of Travis, Alonzo H.B. No. 1922 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 1922: |
|---|
| 4 | 4 | | By: Alonzo C.S.H.B. No. 1922 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to certain claims for benefits or compensation by |
|---|
| 10 | 10 | | survivors of fire fighters. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 615.021, Government Code, is amended by |
|---|
| 13 | 13 | | adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
|---|
| 14 | 14 | | (d-1) In a determination of whether the survivor of an |
|---|
| 15 | 15 | | individual listed under Section 615.003(10), (11), or (12) is |
|---|
| 16 | 16 | | eligible for the payment of assistance under this chapter, the |
|---|
| 17 | 17 | | opinion of the individual's employer on whether the individual's |
|---|
| 18 | 18 | | death resulted from an illness caused by line-of-duty work may not |
|---|
| 19 | 19 | | be considered. |
|---|
| 20 | 20 | | (d-2) In a determination on the payment of assistance under |
|---|
| 21 | 21 | | Subsection (d) to a survivor of an individual listed under Section |
|---|
| 22 | 22 | | 615.003(10), (11), or (12) who died as a result of an illness caused |
|---|
| 23 | 23 | | by line-of-duty work, consideration shall be given to scientific |
|---|
| 24 | 24 | | evidence that establishes: |
|---|
| 25 | 25 | | (1) an incidence rate for the individual's illness |
|---|
| 26 | 26 | | that is statistically significantly higher among persons |
|---|
| 27 | 27 | | performing the same job duties as the individual compared to the |
|---|
| 28 | 28 | | incidence rate of the illness for the general population; or |
|---|
| 29 | 29 | | (2) a causal link between the individual's illness and |
|---|
| 30 | 30 | | a hazardous condition encountered by the individual in performing |
|---|
| 31 | 31 | | the individual's job duties. |
|---|
| 32 | 32 | | (d-3) If an individual listed under Section 615.003(10), |
|---|
| 33 | 33 | | (11), or (12) died as a result of a newly discovered or rare cancer |
|---|
| 34 | 34 | | for which the scientific evidence described in Subsection (d-2) |
|---|
| 35 | 35 | | does not exist, consideration shall be given to the medical opinion |
|---|
| 36 | 36 | | of the individual's treating oncologist. |
|---|
| 37 | 37 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 38 | 38 | | a claim for benefits or compensation brought on or after the |
|---|
| 39 | 39 | | effective date of this Act. A claim for benefits or compensation |
|---|
| 40 | 40 | | brought before that date is covered by the law in effect on the date |
|---|
| 41 | 41 | | the claim was brought, and that law is continued in effect for that |
|---|
| 42 | 42 | | purpose. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 47 | 47 | | Act takes effect September 1, 2017. |
|---|