H.B. No. 306
AN ACT
relating to the creation of an open burn pit registry for certain
service members and veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Service Member and
Veteran Open Burn Pit Registry Act.
SECTION 2. Subtitle D, Title 2, Health and Safety Code, is
amended by adding Chapter 99 to read as follows:
CHAPTER 99. OPEN BURN PIT REGISTRY
Sec. 99.001. DEFINITIONS. In this chapter:
(1) "Airborne hazard" means an airborne environmental
contaminant, including open burn pit smoke, oil well fire smoke,
sand, dust, or other particles, that may cause short-term or
long-term health effects to a person exposed to the contaminant.
(2) "Open burn pit," also known as an "open air burn
pit," means a site used for solid waste disposal by burning the
waste in the outdoor air without the use of a commercially
manufactured incinerator or other equipment specifically designed
and manufactured for burning solid waste.
(3) "Service member" means an individual who is
currently serving in:
(A) the armed forces of the United States;
(B) an auxiliary service of one of the armed
forces of the United States, including the National Guard; or
(C) the state military forces as defined by
Section 431.001, Government Code.
(4) "Veteran" means an individual who served in:
(A) the armed forces of the United States;
(B) an auxiliary service of one of the armed
forces of the United States, including the National Guard; or
(C) the state military forces as defined by
Section 431.001, Government Code.
Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. (a) The
executive commissioner shall adopt the rules necessary to
administer this chapter and may enter into a memorandum of
understanding with the United States Department of Veterans Affairs
as necessary to administer this chapter.
(b) A memorandum of understanding entered into under
Subsection (a) must ensure that the United States Department of
Veterans Affairs will maintain the confidentiality of a service
member or veteran's personally identifying information that is
submitted by the department to the Department of Veterans Affairs
under this chapter.
Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach and
education related to exposure to open burn pit smoke or other
airborne hazards by service members and veterans in this state, the
department shall create and maintain an open burn pit registry of
service members and veterans who were exposed to open burn pit smoke
or other airborne hazards during their military service in:
(1) the Southwest Asia theater of operations on or
after August 2, 1990;
(2) Operation Desert Shield or Desert Storm;
(3) Djibouti, Africa, on or after September 11, 2001;
(4) Operation Enduring Freedom, Iraqi Freedom, or New
Dawn; or
(5) any other conflict or theater identified by the
United States Department of Veterans Affairs.
(b) The department shall include for each entry in the open
burn pit registry:
(1) the service member's or veteran's name, address,
telephone number, and e-mail address;
(2) the location of the service member's or veteran's
service and the period of service;
(3) any medical condition or death of the service
member or veteran that may be related to exposure to open burn pit
smoke or other airborne hazards; and
(4) any other information that the department or the
United States Department of Veterans Affairs considers necessary.
(c) The department shall:
(1) share the information included in the department's
open burn pit registry with the United States Department of
Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and
(2) electronically link the open burn pit registry
created under this chapter with the federal registry.
Sec. 99.004. VOLUNTARY REGISTRATION. A service member or
veteran described by Section 99.003, or a family member of that
service member or veteran, may voluntarily register a case of
exposure to open burn pit smoke or other airborne hazards with the
department for inclusion in the registry.
Sec. 99.005. CONFIDENTIALITY. Entries and information
obtained under this chapter are confidential and are not subject to
disclosure under Chapter 552, Government Code, are not subject to
subpoena, and may not otherwise be released or made public except to
the United States Department of Veterans Affairs as provided by
Section 99.003.
Sec. 99.006. OPEN BURN PIT INFORMATION. The department,
with the assistance of the Texas Veterans Commission, shall develop
and include on its Internet website information to inform service
members, veterans, and their families about the:
(1) registration and use of the department's open burn
pit registry and the United States Department of Veterans Affairs
Airborne Hazards and Open Burn Pit Registry;
(2) most recent scientific developments on the health
effects of exposure to open burn pit smoke and other airborne
hazards and the status of any illness or condition that is presumed
to be caused by exposure to open burn pit smoke or other airborne
hazards as designated by the United States Department of Veterans
Affairs;
(3) availability of any treatment offered by the
United States Department of Veterans Affairs for an illness or
condition that may be caused by exposure to open burn pit smoke or
other airborne hazards;
(4) process for applying to the United States
Department of Veterans Affairs for service-related disability
compensation for an illness or condition that may be related to
exposure to open burn pit smoke or other airborne hazards,
including the methods for documenting the illness or condition; and
(5) manner of appealing to the United States
Department of Veterans Affairs an existing service-related
disability rating decision or requesting an increased
service-related disability rating based on an illness or condition
that may be related to exposure to open burn pit smoke or other
airborne hazards.
Sec. 99.007. REPORT. Not later than December 1 of each
even-numbered year following the creation of the registry, the
department shall submit a report to the appropriate standing
committees of the house of representatives and senate that
includes:
(1) an assessment of the effectiveness of collection
and maintenance of information on the health effects of exposure to
open burn pit smoke and other airborne hazards; and
(2) any recommendation to improve the collection and
maintenance of information about the health effects of exposure to
open burn pit smoke and other airborne hazards.
SECTION 3. (a) Not later than March 1, 2020, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules and enter into any memorandum of understanding
necessary to administer this Act.
(b) Notwithstanding Section 99.007, Health and Safety Code,
as added by this Act, the Department of State Health Services shall
submit an initial report under that section not later than December
1, 2020.
SECTION 4. The Department of State Health Services is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the department may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 306 was passed by the House on April
16, 2019, by the following vote: Yeas 122, Nays 13, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 306 on May 10, 2019, by the following vote: Yeas 104, Nays 1, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 306 was passed by the Senate, with
amendments, on May 2, 2019, by the following vote: Yeas 19, Nays
12.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor