Texas 2019 - 86th Regular

Texas House Bill HB3996 Compare Versions

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

Old	New	Differences
1	1	By: Burrows H.B. No. 3996
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to liability of certain political subdivisions in certain
7	7	workers' compensation actions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 504.053(e), Labor Code, is amended to
10	10	read as follows:
11	11	(e) Nothing in this chapter waives sovereign immunity or
12	12	creates a new cause of action, except that a political subdivision
13	13	that self-insures either individually or collectively is liable
14	14	for:
15	15	(1) sanctions, administrative penalties, and other
16	16	remedies authorized under Chapter 415;
17	17	(2) attorney's fees as provided by Section 408.221(c);
18	18	and
19	19	(3) attorney's fees as provided by Section 417.003.
20	20	SECTION 2. Section 415.021, Labor Code, is amended by
21	21	adding Subsection (a-1) to read as follows:
22	22	(a-1) In addition to any sanctions, administrative penalty,
23	23	or other remedy authorized by this subtitle, the commissioner may
24	24	assess an administrative penalty against a political subdivision
25	25	that self-insures either individually or collectively that commits
26	26	an administrative violation in connection with a workers'
27	27	compensation claim filed by an individual elected, appointed, or
28	28	employed as a peace officer by the political subdivision under
29	29	Article 2.12, Code of Criminal Procedure, or other law, or an
30	30	individual who is employed by the political subdivision and is
31	31	subject to certification by the Texas Commission on Fire
32	32	Protection. The amount of the administrative penalty shall not be
33	33	less than two times the total amount of medical benefits under
34	34	Subchapter B, Chapter 408, Labor Code, and temporary income
35	35	benefits under Subchapter F, Chapter 408, Labor Code, payable in
36	36	connection with the employee's claim.
37	37	SECTION 3. Section 607.055, Government Code, is amended to
38	38	read as follows:
39	39	(a) A firefighter or emergency medical technician who
40	40	suffers from cancer resulting in death or total or partial
41	41	disability is presumed to have developed the cancer during the
42	42	course and scope of employment as a firefighter or emergency
43	43	medical technician if:
44	44	(1) the firefighter or emergency medical technician:
45	45	(A) regularly responded on the scene to calls
46	46	involving fires or fire fighting; or
47	47	(B) regularly responded to an event involving the
48	48	documented release of radiation or a known or suspected carcinogen
49	49	while the person was employed as a firefighter or emergency medical
50	50	technician; and
51	51	(2) the cancer is known to be associated with fire
52	52	fighting or exposure to heat, smoke, radiation, or a known or
53	53	suspected carcinogen, as described by Subsection (b) one of the
54	54	following:
55	55	(A) Malignant neoplasms of the lip; tongue;
56	56	salivary gland; floor of mouth; gum and other mouth; tonsil;
57	57	oropharynx; hypopharynx; and other oral cavity and pharynx;
58	58	(B) Malignant neoplasm of the nasopharynx;
59	59	(C) Malignant neoplasms of the nose; nasal
60	60	cavity; middle ear; and accessory sinuses;
61	61	(D) Malignant neoplasm of the larynx;
62	62	(E) Malignant neoplasm of the esophagus;
63	63	(F) Malignant neoplasm of the stomach;
64	64	(G) Malignant neoplasms of the colon and rectum;
65	65	(H) Malignant neoplasms of the liver and
66	66	intrahepatic bile duct;
67	67	(I) Malignant neoplasms of the retroperitoneum
68	68	and peritoneum; omentum; and mesentery;
69	69	(J) Malignant neoplasms of the trachea; bronchus
70	70	and lung; heart, mediastinum and pleura; and other ill-defined
71	71	sites in the respiratory system and intrathoracic organs;
72	72	(K) Mesothelioma;
73	73	(L) Malignant neoplasms of the peripheral nerves
74	74	and autonomic nervous system; and other connective and soft tissue;
75	75	(M) Malignant neoplasms of the skin (melanoma and
76	76	non-melanoma), including scrotal cancer;
77	77	(N) Malignant neoplasm of the female breast;
78	78	(O) Malignant neoplasm of the ovary;
79	79	(P) Malignant neoplasm of the prostate;
80	80	(Q) Malignant neoplasm of the urinary bladder;
81	81	(R) Malignant neoplasm of the kidney;
82	82	(S) Malignant neoplasms of the renal pelvis;
83	83	ureter; and other urinary organs;
84	84	(T) Malignant neoplasms of the eye and orbit;
85	85	(U) Malignant neoplasm of the thyroid;
86	86	(V) Malignant neoplasms of the blood and lymphoid
87	87	tissues, including, but not limited to lymphoma, leukemia, and
88	88	myeloma;
89	89	(W) any type of cancer diagnosed in a person less
90	90	than 20 years of age; and
91	91	(X) any type of cancer that occurs in less than 15
92	92	cases per 100,000 persons per year in the United States, based on
93	93	2005-2009 average annual data age-adjusted to the 2000 U.S.
94	94	population, as documented in Glenn Copeland, Andrew Lake, Rick
95	95	Firth, et al. (eds), Cancer in North America: 2005-2009. Volume
96	96	One: Combined Cancer Incidence for the United States, Canada and
97	97	North America, Springfield, IL: North American Association of
98	98	Central Cancer Registries, Inc., June 2012.
99	99	(b) This section applies only to a type of cancer that may be
100	100	caused by exposure to heat, smoke, radiation, or a known or
101	101	suspected carcinogen as determined by the International Agency for
102	102	Research on Cancer.
103	103	SECTION 4. Section 415.021, Labor Code, as amended by this
104	104	Act, applies only to an administrative violation under Chapter 415,
105	105	Labor Code, that occurs on or after the effective date of this Act.
106	106	An administrative violation that occurs before the effective date
107	107	of this Act is governed by the law applicable to the violation
108	108	immediately before the effective date of this Act, and that law is
109	109	continued in effect for that purpose. Section 504.053, Labor Code,
110	110	as amended by this Act, and Section 607.055, Government Code, as
111	111	amended by this Act, apply only to a claim for workers' compensation
112	112	benefits filed on or after the effective date of this Act. Claims
113	113	for workers' compensation benefits filed before the effective date
114	114	of this Act are governed by the law applicable to the claims
115	115	immediately before the effective date of this Act, and that law is
116	116	continued in effect for that purpose.
117	117	SECTION 5. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2019.