| 1 | 1 | | 85R10313 YDB-F |
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| 2 | 2 | | By: Hughes S.B. No. 1069 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain claims for benefits or compensation by |
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| 8 | 8 | | survivors of fire fighters. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 615.021, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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| 12 | 12 | | (d-1) In a determination of whether the survivor of an |
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| 13 | 13 | | individual listed under Section 615.003(10), (11), or (12) is |
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| 14 | 14 | | eligible for the payment of assistance under this chapter, the |
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| 15 | 15 | | opinion of the individual's employer on whether the individual's |
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| 16 | 16 | | death resulted from a personal injury sustained in the line of duty |
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| 17 | 17 | | may not be considered. |
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| 18 | 18 | | (d-2) In a determination on the payment of assistance under |
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| 19 | 19 | | Subsection (d) to a survivor of an individual listed under Section |
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| 20 | 20 | | 615.003(10), (11), or (12) who died as a result of an illness |
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| 21 | 21 | | sustained in the line of duty, any reasonable doubt arising from the |
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| 22 | 22 | | circumstances of the individual's death shall be resolved in favor |
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| 23 | 23 | | of payment if scientific evidence is presented that establishes: |
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| 24 | 24 | | (1) the incidence rate for the individual's illness is |
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| 25 | 25 | | statistically significantly higher among persons performing the |
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| 26 | 26 | | same job duties as the individual compared to the incidence rate of |
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| 27 | 27 | | the illness for the general population; or |
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| 28 | 28 | | (2) a causal link between the individual's illness and |
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| 29 | 29 | | a hazardous condition encountered by the individual in performing |
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| 30 | 30 | | the individual's job duties. |
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| 31 | 31 | | (d-3) If an individual listed under Section 615.003(10), |
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| 32 | 32 | | (11), or (12) died as a result of a newly discovered or rare illness |
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| 33 | 33 | | for which the scientific evidence described in Subsection (d-2) |
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| 34 | 34 | | does not exist, deference shall be given to the medical opinion of |
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| 35 | 35 | | the individual's treating physician to resolve in favor of the |
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| 36 | 36 | | payment of assistance under Subsection (d) any reasonable doubt |
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| 37 | 37 | | regarding the circumstances of the individual's death as a result |
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| 38 | 38 | | of an illness sustained in the line of duty. |
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| 39 | 39 | | SECTION 2. The changes in law made by this Act apply only to |
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| 40 | 40 | | a claim for benefits or compensation brought on or after the |
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| 41 | 41 | | effective date of this Act. A claim for benefits or compensation |
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| 42 | 42 | | brought before that date is covered by the law in effect on the date |
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| 43 | 43 | | the claim was brought, and that law is continued in effect for that |
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| 44 | 44 | | purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2017. |
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