85R24622 YDB-F
By: Rodriguez of Travis, Alonzo H.B. No. 1922
Substitute the following for H.B. No. 1922:
By: Alonzo C.S.H.B. No. 1922
A BILL TO BE ENTITLED
AN ACT
relating to certain claims for benefits or compensation by
survivors of fire fighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.021, Government Code, is amended by
adding Subsections (d-1), (d-2), and (d-3) to read as follows:
(d-1) In a determination of whether the survivor of an
individual listed under Section 615.003(10), (11), or (12) is
eligible for the payment of assistance under this chapter, the
opinion of the individual's employer on whether the individual's
death resulted from an illness caused by line-of-duty work may not
be considered.
(d-2) In a determination on the payment of assistance under
Subsection (d) to a survivor of an individual listed under Section
615.003(10), (11), or (12) who died as a result of an illness caused
by line-of-duty work, consideration shall be given to scientific
evidence that establishes:
(1) an incidence rate for the individual's illness
that is statistically significantly higher among persons
performing the same job duties as the individual compared to the
incidence rate of the illness for the general population; or
(2) a causal link between the individual's illness and
a hazardous condition encountered by the individual in performing
the individual's job duties.
(d-3) If an individual listed under Section 615.003(10),
(11), or (12) died as a result of a newly discovered or rare cancer
for which the scientific evidence described in Subsection (d-2)
does not exist, consideration shall be given to the medical opinion
of the individual's treating oncologist.
SECTION 2. The changes in law made by this Act apply only 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 brought, and that law is continued in effect for that
purpose.
SECTION 3. 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, 2017.