85R10313 YDB-F
By: Hughes S.B. No. 1069
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 a personal injury sustained in the line of duty
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
sustained in the line of duty, any reasonable doubt arising from the
circumstances of the individual's death shall be resolved in favor
of payment if scientific evidence is presented that establishes:
(1) the incidence rate for the individual's illness 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 illness
for which the scientific evidence described in Subsection (d-2)
does not exist, deference shall be given to the medical opinion of
the individual's treating physician to resolve in favor of the
payment of assistance under Subsection (d) any reasonable doubt
regarding the circumstances of the individual's death as a result
of an illness sustained in the line of duty.
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.