Texas 2017 - 85th Regular

Texas House Bill HB283 Compare Versions

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Version 2 (New)

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1	1	By: Herrero, et al. (Senate Sponsor - Hinojosa) H.B. No. 283
2	2	(In the Senate - Received from the House March 30, 2017;
3	3	May 8, 2017, read first time and referred to Committee on Veteran
4	4	Affairs & Border Security; May 16, 2017, reported favorably, as
5	5	amended, by the following vote: Yeas 6, Nays 0; May 16, 2017, sent
6	6	to printer.)
7	7
8	8
9	9	COMMITTEE AMENDMENT NO. 1 By: Lucio
10	10	Amend H.B. No. 283 (house engrossed version) by adding the
11	11	following appropriately numbered SECTION to the bill and
12	12	renumbering subsequent SECTIONS of the bill accordingly:
13	13	SECTION ____. The Department of State Health Services is
14	14	required to implement this Act only if the legislature appropriates
15	15	money specifically for that purpose. If the legislature does not
16	16	appropriate money specifically for that purpose, the department
17	17	may, but is not required to, implement this Act using other
18	18	appropriations available for that purpose.
19	19	A BILL TO BE ENTITLED
20	20	AN ACT
21	21	relating to the creation of an open burn pit registry for certain
22	22	service members and veterans.
23	23	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
24	24	SECTION 1. This Act shall be known as the Service Member and
25	25	Veteran Open Burn Pit Registry Act.
26	26	SECTION 2. Subtitle D, Title 2, Health and Safety Code, is
27	27	amended by adding Chapter 99 to read as follows:
28	28	CHAPTER 99. OPEN BURN PIT REGISTRY
29	29	Sec. 99.001. DEFINITIONS. In this chapter:
30	30	(1) "Airborne hazard" means an airborne environmental
31	31	contaminant, including open burn pit smoke, oil well fire smoke,
32	32	sand, dust, or other particles, that may cause short-term or
33	33	long-term health effects to a person exposed to the contaminant.
34	34	(2) "Open burn pit," also known as an "open air burn
35	35	pit," means a site used for solid waste disposal by burning the
36	36	waste in the outdoor air without the use of a commercially
37	37	manufactured incinerator or other equipment specifically designed
38	38	and manufactured for burning solid waste.
39	39	(3) "Service member" means an individual who is
40	40	currently serving in:
41	41	(A) the armed forces of the United States;
42	42	(B) an auxiliary service of one of the armed
43	43	forces of the United States, including the National Guard; or
44	44	(C) the state military forces as defined by
45	45	Section 431.001, Government Code.
46	46	(4) "Veteran" means an individual who has served in:
47	47	(A) the armed forces of the United States;
48	48	(B) an auxiliary service of one of the armed
49	49	forces of the United States, including the National Guard; or
50	50	(C) the state military forces as defined by
51	51	Section 431.001, Government Code.
52	52	Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. The
53	53	executive commissioner shall adopt the rules necessary to
54	54	administer this chapter and may enter into a memorandum of
55	55	understanding with the United States Department of Veterans Affairs
56	56	as necessary to administer this chapter.
57	57	Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach,
58	58	education, and advocacy related to exposure to open burn pit smoke
59	59	or other airborne hazards by service members and veterans in this
60	60	state, the department shall create and maintain an open burn pit
61	61	registry of service members and veterans who were exposed to open
62	62	burn pit smoke or other airborne hazards during their military
63	63	service in:
64	64	(1) the Southwest Asia theater of operations on or
65	65	after August 2, 1990;
66	66	(2) Operation Desert Shield or Desert Storm;
67	67	(3) Djibouti, Africa, on or after September 11, 2001;
68	68	(4) Operation Enduring Freedom, Iraqi Freedom, or New
69	69	Dawn; or
70	70	(5) any other conflict or theater identified by the
71	71	United States Department of Veterans Affairs.
72	72	(b) The department shall include for each entry in the open
73	73	burn pit registry:
74	74	(1) the service member's or veteran's name, address,
75	75	phone number, and electronic address;
76	76	(2) the location of the service member's or veteran's
77	77	service and the period of service;
78	78	(3) any medical condition or death of the service
79	79	member or veteran that may be related to exposure to open burn pit
80	80	smoke or other airborne hazards; and
81	81	(4) any other information that the department or the
82	82	United States Department of Veterans Affairs considers necessary.
83	83	(c) The department shall:
84	84	(1) share the information included in the department's
85	85	open burn pit registry with the United States Department of
86	86	Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
87	87	(2) electronically link the open burn pit registry
88	88	created under this chapter with the federal registry.
89	89	Sec. 99.004. VOLUNTARY REGISTRATION. A service member or
90	90	veteran described by Section 99.003, or a family member of that
91	91	service member or veteran, may voluntarily register a case of
92	92	exposure to open burn pit smoke or other airborne hazards with the
93	93	department for inclusion in the registry.
94	94	Sec. 99.005. CONFIDENTIALITY. Entries and information
95	95	obtained under this chapter are confidential and are not subject to
96	96	disclosure under Chapter 552, Government Code, are not subject to
97	97	subpoena, and may not otherwise be released or made public except as
98	98	provided by this section or Section 99.003.
99	99	Sec. 99.006. OPEN BURN PIT INFORMATION. The department,
100	100	with the assistance of the Texas Veterans Commission, shall develop
101	101	and include on its Internet website information to inform service
102	102	members, veterans, and their families about the:
103	103	(1) registration and use of the department's open burn
104	104	pit registry and the United States Department of Veterans Affairs
105	105	Airborne Hazards and Open Burn Pit Registry;
106	106	(2) most recent scientific developments on the health
107	107	effects of exposure to open burn pit smoke and other airborne
108	108	hazards and the status of any illness or condition that is presumed
109	109	to be caused by exposure to open burn pit smoke or other airborne
110	110	hazards as designated by the United States Department of Veterans
111	111	Affairs;
112	112	(3) availability of any treatment offered by the
113	113	United States Department of Veterans Affairs for an illness or
114	114	condition that may be caused by exposure to open burn pit smoke or
115	115	other airborne hazards;
116	116	(4) process for applying to the United States
117	117	Department of Veterans Affairs for service-related disability
118	118	compensation for an illness or condition that may be related to
119	119	exposure to open burn pit smoke or other airborne hazards,
120	120	including the methods for documenting the illness or condition; and
121	121	(5) manner of appealing to the United States
122	122	Department of Veterans Affairs an existing service-related
123	123	disability rating decision or requesting an increased
124	124	service-related disability rating based on an illness or condition
125	125	that may be related to exposure to open burn pit smoke or other
126	126	airborne hazards.
127	127	Sec. 99.007. REPORT. Not later than December 1 of each
128	128	even-numbered year following the creation of the registry, the
129	129	department shall submit a report to the appropriate standing
130	130	committees of the house of representatives and senate that
131	131	includes:
132	132	(1) an assessment of the effectiveness of collection
133	133	and maintenance of information on the health effects of exposure to
134	134	open burn pit smoke and other airborne hazards; and
135	135	(2) any recommendation to improve the collection and
136	136	maintenance of information about the health effects of exposure to
137	137	open burn pit smoke and other airborne hazards.
138	138	SECTION 3. (a) Not later than March 1, 2018, the executive
139	139	commissioner of the Health and Human Services Commission shall
140	140	adopt the rules and enter into any memorandum of understanding
141	141	necessary to administer this Act.
142	142	(b) Notwithstanding Section 99.007, Health and Safety Code,
143	143	as added by this Act, not later than December 1, 2018, the
144	144	Department of State Health Services shall submit an initial report
145	145	under that section.
146	146	SECTION 4. This Act takes effect September 1, 2017.
147	147	* * * * *