Texas 2019 - 86th Regular

Texas House Bill HB306 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 306
	1	+	By: Herrero, et al. (Senate Sponsor - Hinojosa) H.B. No. 306
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Veteran Affairs & Border Security; April 26, 2019, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 4, Nays 2; April 26, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 306 By: Campbell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of an open burn pit registry for certain
6	14		service members and veterans.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. This Act shall be known as the Service Member and
9	17		Veteran Open Burn Pit Registry Act.
10	18		SECTION 2. Subtitle D, Title 2, Health and Safety Code, is
11	19		amended by adding Chapter 99 to read as follows:
12	20		CHAPTER 99. OPEN BURN PIT REGISTRY
13	21		Sec. 99.001. DEFINITIONS. In this chapter:
14	22		(1) "Airborne hazard" means an airborne environmental
15	23		contaminant, including open burn pit smoke, oil well fire smoke,
16	24		sand, dust, or other particles, that may cause short-term or
17	25		long-term health effects to a person exposed to the contaminant.
18	26		(2) "Open burn pit," also known as an "open air burn
19	27		pit," means a site used for solid waste disposal by burning the
20	28		waste in the outdoor air without the use of a commercially
21	29		manufactured incinerator or other equipment specifically designed
22	30		and manufactured for burning solid waste.
23	31		(3) "Service member" means an individual who is
24	32		currently serving in:
25	33		(A) the armed forces of the United States;
26	34		(B) an auxiliary service of one of the armed
27	35		forces of the United States, including the National Guard; or
28	36		(C) the state military forces as defined by
29	37		Section 431.001, Government Code.
30	38		(4) "Veteran" means an individual who served in:
31	39		(A) the armed forces of the United States;
32	40		(B) an auxiliary service of one of the armed
33	41		forces of the United States, including the National Guard; or
34	42		(C) the state military forces as defined by
35	43		Section 431.001, Government Code.
36	44		Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. (a) The
37	45		executive commissioner shall adopt the rules necessary to
38	46		administer this chapter and may enter into a memorandum of
39	47		understanding with the United States Department of Veterans Affairs
40	48		as necessary to administer this chapter.
41	49		(b) A memorandum of understanding entered into under
42	50		Subsection (a) must ensure that the United States Department of
43	51		Veterans Affairs will maintain the confidentiality of a service
44	52		member or veteran's personally identifying information that is
45	53		submitted by the department to the Department of Veterans Affairs
46	54		under this chapter.
47	55		Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach and
48	56		education related to exposure to open burn pit smoke or other
49	57		airborne hazards by service members and veterans in this state, the
50	58		department shall create and maintain an open burn pit registry of
51	59		service members and veterans who were exposed to open burn pit smoke
52	60		or other airborne hazards during their military service in:
53	61		(1) the Southwest Asia theater of operations on or
54	62		after August 2, 1990;
55	63		(2) Operation Desert Shield or Desert Storm;
56	64		(3) Djibouti, Africa, on or after September 11, 2001;
57	65		(4) Operation Enduring Freedom, Iraqi Freedom, or New
58	66		Dawn; or
59	67		(5) any other conflict or theater identified by the
60	68		United States Department of Veterans Affairs.
61	69		(b) The department shall include for each entry in the open
62	70		burn pit registry:
63	71		(1) the service member's or veteran's name, address,
64	72		telephone number, and e-mail address;
65	73		(2) the location of the service member's or veteran's
66	74		service and the period of service;
67	75		(3) any medical condition or death of the service
68	76		member or veteran that may be related to exposure to open burn pit
69	77		smoke or other airborne hazards; and
70	78		(4) any other information that the department or the
71	79		United States Department of Veterans Affairs considers necessary.
72	80		(c) The department shall:
73	81		(1) share the information included in the department's
74	82		open burn pit registry with the United States Department of
75	83		Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
76	84		(2) electronically link the open burn pit registry
77	85		created under this chapter with the federal registry.
78	86		Sec. 99.004. VOLUNTARY REGISTRATION. A service member or
79	87		veteran described by Section 99.003, or a family member of that
80	88		service member or veteran, may voluntarily register a case of
81	89		exposure to open burn pit smoke or other airborne hazards with the
82	90		department for inclusion in the registry.
83	91		Sec. 99.005. CONFIDENTIALITY. Entries and information
84	92		obtained under this chapter are confidential and are not subject to
85	93		disclosure under Chapter 552, Government Code, are not subject to
86	94		subpoena, and may not otherwise be released or made public except to
87	95		the United States Department of Veterans Affairs as provided by
88	96		Section 99.003.
89	97		Sec. 99.006. OPEN BURN PIT INFORMATION. The department,
90	98		with the assistance of the Texas Veterans Commission, shall develop
91	99		and include on its Internet website information to inform service
92	100		members, veterans, and their families about the:
93	101		(1) registration and use of the department's open burn
94	102		pit registry and the United States Department of Veterans Affairs
95	103		Airborne Hazards and Open Burn Pit Registry;
96	104		(2) most recent scientific developments on the health
97	105		effects of exposure to open burn pit smoke and other airborne
98	106		hazards and the status of any illness or condition that is presumed
99	107		to be caused by exposure to open burn pit smoke or other airborne
100	108		hazards as designated by the United States Department of Veterans
101	109		Affairs;
102	110		(3) availability of any treatment offered by the
103	111		United States Department of Veterans Affairs for an illness or
104	112		condition that may be caused by exposure to open burn pit smoke or
105	113		other airborne hazards;
106	114		(4) process for applying to the United States
107	115		Department of Veterans Affairs for service-related disability
108	116		compensation for an illness or condition that may be related to
109	117		exposure to open burn pit smoke or other airborne hazards,
110	118		including the methods for documenting the illness or condition; and
111	119		(5) manner of appealing to the United States
112	120		Department of Veterans Affairs an existing service-related
113	121		disability rating decision or requesting an increased
114	122		service-related disability rating based on an illness or condition
115	123		that may be related to exposure to open burn pit smoke or other
116	124		airborne hazards.
117	125		Sec. 99.007. REPORT. Not later than December 1 of each
118	126		even-numbered year following the creation of the registry, the
119	127		department shall submit a report to the appropriate standing
120	128		committees of the house of representatives and senate that
121	129		includes:
122	130		(1) an assessment of the effectiveness of collection
123	131		and maintenance of information on the health effects of exposure to
124	132		open burn pit smoke and other airborne hazards; and
125	133		(2) any recommendation to improve the collection and
126	134		maintenance of information about the health effects of exposure to
127	135		open burn pit smoke and other airborne hazards.
128	136		SECTION 3. (a) Not later than March 1, 2020, the executive
129	137		commissioner of the Health and Human Services Commission shall
130	138		adopt the rules and enter into any memorandum of understanding
131	139		necessary to administer this Act.
132	140		(b) Notwithstanding Section 99.007, Health and Safety Code,
133	141		as added by this Act, the Department of State Health Services shall
134	142		submit an initial report under that section not later than December
135	143		1, 2020.
136	144		SECTION 4. The Department of State Health Services is
137	145		required to implement a provision of this Act only if the
138	146		legislature appropriates money specifically for that purpose. If
139	147		the legislature does not appropriate money specifically for that
140	148		purpose, the department may, but is not required to, implement a
141	149		provision of this Act using other appropriations available for that
142	150		purpose.
143	151		SECTION 5. This Act takes effect September 1, 2019.
144		-	______________________________ ______________________________
145		-	President of the Senate Speaker of the House
146		-	I certify that H.B. No. 306 was passed by the House on April
147		-	16, 2019, by the following vote: Yeas 122, Nays 13, 2 present, not
148		-	voting; and that the House concurred in Senate amendments to H.B.
149		-	No. 306 on May 10, 2019, by the following vote: Yeas 104, Nays 1, 1
150		-	present, not voting.
151		-	______________________________
152		-	Chief Clerk of the House
153		-	I certify that H.B. No. 306 was passed by the Senate, with
154		-	amendments, on May 2, 2019, by the following vote: Yeas 19, Nays
155		-	12.
156		-	______________________________
157		-	Secretary of the Senate
158		-	APPROVED: __________________
159		-	Date
160		-	__________________
161		-	Governor
	152	+	* * * * *