Texas 2017 - 85th Regular

Texas Senate Bill SB158 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R3453 KKR-D
2	2	By: Hinojosa S.B. No. 158
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of an open burn pit registry for certain
8	8	service members and veterans.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Service Member and
11	11	Veteran Open Burn Pit Registry Act.
12	12	SECTION 2. Subtitle D, Title 2, Health and Safety Code, is
13	13	amended by adding Chapter 99 to read as follows:
14	14	CHAPTER 99. OPEN BURN PIT REGISTRY
15	15	Sec. 99.001. DEFINITIONS. In this chapter:
16	16	(1) "Airborne hazard" means an airborne environmental
17	17	contaminant, including open burn pit smoke, oil well fire smoke,
18	18	sand, dust, or other particles, that may cause short-term or
19	19	long-term health effects to a person exposed to the contaminant.
20	20	(2) "Open burn pit," also known as an "open air burn
21	21	pit," means a site used for solid waste disposal by burning the
22	22	waste in the outdoor air without the use of a commercially
23	23	manufactured incinerator or other equipment specifically designed
24	24	and manufactured for burning solid waste.
25	25	(3) "Service member" means an individual who is
26	26	currently serving in:
27	27	(A) the armed forces of the United States;
28	28	(B) an auxiliary service of one of the armed
29	29	forces of the United States, including the National Guard; or
30	30	(C) the state military forces as defined by
31	31	Section 431.001, Government Code.
32	32	(4) "Veteran" means an individual who has served in:
33	33	(A) the armed forces of the United States;
34	34	(B) an auxiliary service of one of the armed
35	35	forces of the United States, including the National Guard; or
36	36	(C) the state military forces as defined by
37	37	Section 431.001, Government Code.
38	38	Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. The
39	39	executive commissioner shall adopt the rules necessary to
40	40	administer this chapter and may enter into a memorandum of
41	41	understanding with the United States Department of Veterans Affairs
42	42	as necessary to administer this chapter.
43	43	Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach,
44	44	education, and advocacy related to exposure to open burn pit smoke
45	45	or other airborne hazards by service members and veterans in this
46	46	state, the department shall create and maintain an open burn pit
47	47	registry of service members and veterans who were exposed to open
48	48	burn pit smoke or other airborne hazards during their military
49	49	service in:
50	50	(1) the Southwest Asia theater of operations on or
51	51	after August 2, 1990;
52	52	(2) Operation Desert Shield or Desert Storm;
53	53	(3) Djibouti, Africa, on or after September 11, 2001;
54	54	(4) Operation Enduring Freedom, Iraqi Freedom, or New
55	55	Dawn; or
56	56	(5) any other conflict or theater identified by the
57	57	United States Department of Veterans Affairs.
58	58	(b) The department shall include for each entry in the open
59	59	burn pit registry:
60	60	(1) the service member's or veteran's name, address,
61	61	phone number, and electronic address;
62	62	(2) the location of the service member's or veteran's
63	63	service and the period of service;
64	64	(3) any medical condition or death of the service
65	65	member or veteran that may be related to exposure to open burn pit
66	66	smoke or other airborne hazards; and
67	67	(4) any other information that the department or the
68	68	United States Department of Veterans Affairs considers necessary.
69	69	(c) The department shall:
70	70	(1) share the information included in the department's
71	71	open burn pit registry with the United States Department of
72	72	Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
73	73	(2) electronically link the open burn pit registry
74	74	created under this chapter with the federal registry.
75	75	Sec. 99.004. VOLUNTARY REGISTRATION. A service member or
76	76	veteran described by Section 99.003, or a family member of that
77	77	service member or veteran, may voluntarily register a case of
78	78	exposure to open burn pit smoke or other airborne hazards with the
79	79	department for inclusion in the registry.
80	80	Sec. 99.005. CONFIDENTIALITY. Entries and information
81	81	obtained under this chapter are confidential and are not subject to
82	82	disclosure under Chapter 552, Government Code, are not subject to
83	83	subpoena, and may not otherwise be released or made public except as
84	84	provided by this section or Section 99.003.
85	85	Sec. 99.006. OPEN BURN PIT INFORMATION. The department,
86	86	with the assistance of the Texas Veterans Commission, shall develop
87	87	and include on its Internet website information to inform service
88	88	members, veterans, and their families about the:
89	89	(1) registration and use of the department's open burn
90	90	pit registry and the United States Department of Veterans Affairs
91	91	Airborne Hazards and Open Burn Pit Registry;
92	92	(2) most recent scientific developments on the health
93	93	effects of exposure to open burn pit smoke and other airborne
94	94	hazards and the status of any illness or condition that is presumed
95	95	to be caused by exposure to open burn pit smoke or other airborne
96	96	hazards as designated by the United States Department of Veterans
97	97	Affairs;
98	98	(3) availability of any treatment offered by the
99	99	United States Department of Veterans Affairs for an illness or
100	100	condition that may be caused by exposure to open burn pit smoke or
101	101	other airborne hazards;
102	102	(4) process for applying to the United States
103	103	Department of Veterans Affairs for service-related disability
104	104	compensation for an illness or condition that may be related to
105	105	exposure to open burn pit smoke or other airborne hazards,
106	106	including the methods for documenting the illness or condition; and
107	107	(5) manner of appealing to the United States
108	108	Department of Veterans Affairs an existing service-related
109	109	disability rating decision or requesting an increased
110	110	service-related disability rating based on an illness or condition
111	111	that may be related to exposure to open burn pit smoke or other
112	112	airborne hazards.
113	113	Sec. 99.007. REPORT. Not later than December 1 of each
114	114	even-numbered year following the creation of the registry, the
115	115	department shall submit a report to the appropriate standing
116	116	committees of the house of representatives and senate that
117	117	includes:
118	118	(1) an assessment of the effectiveness of collection
119	119	and maintenance of information on the health effects of exposure to
120	120	open burn pit smoke and other airborne hazards; and
121	121	(2) any recommendation to improve the collection and
122	122	maintenance of information about the health effects of exposure to
123	123	open burn pit smoke and other airborne hazards.
124	124	SECTION 3. (a) Not later than March 1, 2018, the executive
125	125	commissioner of the Health and Human Services Commission shall
126	126	adopt the rules and enter into any memorandum of understanding
127	127	necessary to administer this Act.
128	128	(b) Notwithstanding Section 99.007, Health and Safety Code,
129	129	as added by this Act, not later than December 1, 2018, the
130	130	Department of State Health Services shall submit an initial report
131	131	under that section.
132	132	SECTION 4. This Act takes effect September 1, 2017.