Texas 2019 - 86th Regular

Texas Senate Bill SB2551 Compare Versions

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Version 2 (New)

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1		-	S.B. No. 2551
	1	+	86R32763 KKR-F
	2	+	By: Hinojosa, et al. S.B. No. 2551
	3	+	(Burrows)
	4	+	Substitute the following for S.B. No. 2551: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5		-	relating to liability, payment, and benefits for certain ~~workers'~~
6		-	compensation claims.
	9	+	relating to liability, payment, and death benefits for certain
	10	+	workers' compensation claims.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 607.055, Government Code, is amended to
9	13		read as follows:
10	14		Sec. 607.055. CANCER. (a) A firefighter or emergency
11	15		medical technician who suffers from cancer resulting in death or
12	16		total or partial disability is presumed to have developed the
13	17		cancer during the course and scope of employment as a firefighter or
14	18		emergency medical technician if:
15	19		(1) the firefighter or emergency medical technician:
16	20		(A) regularly responded on the scene to calls
17	21		involving fires or fire fighting; or
18	22		(B) regularly responded to an event involving the
19	23		documented release of radiation or a known or suspected carcinogen
20	24		while the person was employed as a firefighter or emergency medical
21	25		technician; and
22	26		(2) the cancer is [known to be associated with fire
23	27		fighting or exposure to heat, smoke, radiation, or a known or
24	28		suspected carcinogen, as] described by Subsection (b).
25	29		(b) This section applies only to:
26	30		(1) cancer that originates at the stomach, colon,
27	31		rectum, skin, prostate, testis, or brain;
28	32		(2) non-Hodgkin's lymphoma;
29	33		(3) multiple myeloma;
30	34		(4) malignant melanoma; and
31	35		(5) renal cell carcinoma [a type of cancer that may be
32	36		caused by exposure to heat, smoke, radiation, or a known or
33	37		suspected carcinogen as determined by the International Agency for
34	38		Research on Cancer].
35		-	SECTION 2. Section 607.058, Government Code, is amended to
36		-	read as follows:
37		-	Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
38		-	under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
39		-	through a showing by a preponderance of the evidence that a risk
40		-	factor, accident, hazard, or other cause not associated with the
41		-	individual's service as a firefighter or emergency medical
42		-	technician was a substantial factor in bringing about [caused] the
43		-	individual's disease or illness, without which the disease or
44		-	illness would not have occurred.
45		-	(b) A rebuttal offered under this section must include a
46		-	statement by the person offering the rebuttal that describes, in
47		-	detail, the evidence that the person reviewed before making the
48		-	determination that a cause not associated with the individual's
49		-	service as a firefighter or emergency medical technician was a
50		-	substantial factor in bringing about [caused] the individual's
51		-	disease or illness, without which the disease or illness would not
52		-	have occurred.
53		-	(c) In addressing an argument based on a rebuttal offered
54		-	under this section, an administrative law judge shall make findings
55		-	of fact and conclusions of law that consider whether a qualified
56		-	expert, relying on evidence-based medicine, stated the opinion
57		-	that, based on reasonable medical probability, an identified risk
58		-	factor, accident, hazard, or other cause not associated with the
59		-	individual's service as a firefighter or emergency medical
60		-	technician was a substantial factor in bringing about the
61		-	individual's disease or illness, without which the disease or
62		-	illness would not have occurred.
63		-	SECTION 3. Section 409.021, Labor Code, is amended by
	39	+	SECTION 2. Section 409.021, Labor Code, is amended by
64	40		adding Subsection (a-3) to read as follows:
65	41		(a-3) An insurance carrier is not required to comply with
66	42		Subsection (a) if the claim results from an employee's disability
67	43		or death for which a presumption is claimed to be applicable under
68	44		Subchapter B, Chapter 607, Government Code, and, not later than the
69	45		15th day after the date on which the insurance carrier received
70	46		written notice of the injury, the insurance carrier has provided
71	47		the employee and the division with a notice that describes all steps
72	48		taken by the insurance carrier to investigate the injury before the
73	49		notice was given and the evidence the carrier reasonably believes
74	50		is necessary to complete its investigation of the compensability of
75	51		the injury. The commissioner shall adopt rules as necessary to
76	52		implement this subsection.
77		-	SECTION 4. Section 409.022, Labor Code, is amended by
	53	+	SECTION 3. Section 409.022, Labor Code, is amended by
78	54		adding Subsection (d-1) to read as follows:
79	55		(d-1) An insurance carrier has not committed an
80		-	administrative violation under Section 409.021 if the carrier has
81		-	sent notice to the employee as required by Subsection (d) of this
82		-	section or Section 409.021(a-3).
83		-	SECTION 5. Section 415.021, Labor Code, is amended by
	56	+	administrative violation if the carrier has sent notice to the
	57	+	employee as required by Subsection (d) or Section 409.021(a-3).
	58	+	SECTION 4. Section 415.021, Labor Code, is amended by
84	59		adding Subsection (c-2) to read as follows:
85	60		(c-2) In determining whether to assess an administrative
86	61		penalty involving a claim in which the insurance carrier provided
87	62		notice under Section 409.021(a-3), the commissioner shall consider
88	63		whether:
89	64		(1) the employee cooperated with the insurance
90	65		carrier's investigation of the claim;
91	66		(2) the employee timely authorized access to the
92	67		applicable medical records before the insurance carrier's deadline
93	68		to:
94	69		(A) begin payment of benefits; or
95	70		(B) notify the division and the employee of the
96	71		insurance carrier's refusal to pay benefits; and
97	72		(3) the insurance carrier conducted an investigation
98	73		of the claim, applied the statutory presumptions under Subchapter
99	74		B, Chapter 607, Government Code, and expedited medical benefits
100	75		under Section 504.055.
101		-	SECTION 6. Section 504.053(e), Labor Code, is amended to
	76	+	SECTION 5. Section 504.053(e), Labor Code, is amended to
102	77		read as follows:
103	78		(e) Nothing in this chapter waives sovereign immunity or
104	79		creates a new cause of action, except that a political subdivision
105	80		that self-insures either individually or collectively is liable
106	81		for:
107	82		(1) sanctions, administrative penalties, and other
108	83		remedies authorized under Chapter 415;
109	84		(2) attorney's fees as provided by Section 408.221(c);
110	85		and
111	86		(3) attorney's fees as provided by Section 417.003.
112		-	SECTION 7. Subchapter D, Chapter 504, Labor Code, is
	87	+	SECTION 6. Subchapter D, Chapter 504, Labor Code, is
113	88		amended by adding Section 504.074 to read as follows:
114		-	Sec. 504.074. SELF-INSURANCE ACCOUNT FOR DEATH BENEFITS AND
115		-	LIFETIME INCOME BENEFITS. (a) A pool or a political subdivision
116		-	that self-insures may establish an account for the payment of death
117		-	benefits and lifetime income benefits under Chapter 408.
	89	+	Sec. 504.074. SELF-INSURANCE ACCOUNT FOR CERTAIN DEATH
	90	+	BENEFITS. (a) A pool or a political subdivision that self-insures
	91	+	may establish an account for the payment of death benefits for a
	92	+	compensable injury to a firefighter or emergency medical technician
	93	+	described by Section 607.055, Government Code.
118	94		(b) An account established under this section may
119	95		accumulate assets in an amount that the pool or political
120	96		subdivision, in its sole discretion, determines is necessary in
121		-	order to pay death benefits ~~and lifetime income benefits~~. The
	97	+	order to pay death benefits described by Subsection (a). The
122	98		establishment of an account under this section or the amount of
123	99		assets accumulated in the account does not affect the liability of a
124		-	pool or political subdivision for the payment of death benefits and
125		-	lifetime income benefits.
	100	+	pool or political subdivision for the payment of death benefits.
126	101		(c) Chapter 2256, Government Code, does not apply to the
127	102		investment of assets in an account established under this section.
128	103		A pool or political subdivision investing or reinvesting the assets
129		-	of an account shall discharge its duties solely in the interest of
130		-	current and future beneficiaries:
131		-	(1) for the exclusive purposes of:
132		-	(A) providing death benefits and lifetime income
133		-	benefits to current and future beneficiaries; and
134		-	(B) defraying reasonable expenses of
135		-	administering the account;
136		-	(2) with the care, skill, prudence, and diligence
137		-	under the prevailing circumstances that a prudent person acting in
138		-	a like capacity and familiar with matters of the type would use in
139		-	the conduct of an enterprise with a like character and like aims;
140		-	(3) by diversifying the investments of the account to
141		-	minimize the risk of large losses, unless under the circumstances
142		-	it is clearly prudent not to do so; and
143		-	(4) in accordance with the documents and instruments
144		-	governing the account to the extent that the documents and
145		-	instruments are consistent with this section.
146		-	(d) In choosing and contracting for professional investment
147		-	management services for an account established under this section
148		-	and in continuing the use of an investment manager, the pool or
149		-	political subdivision must act prudently and in the interest of the
150		-	current and future beneficiaries of the account.
151		-	SECTION 8. Sections 607.055 and 607.058, Government Code,
152		-	as amended by this Act, apply only to a claim for workers'
153		-	compensation benefits filed on or after the effective date of this
154		-	Act. A claim filed before that date is governed by the law as it
155		-	existed on the date the claim was filed, and the former law is
156		-	continued in effect for that purpose.
157		-	SECTION 9. The commissioner of workers' compensation shall
	104	+	of an account shall exercise the judgment and care, under the
	105	+	circumstances, that a person of prudence, discretion, and
	106	+	intelligence would exercise in the management of the person's own
	107	+	affairs, considering the probable income to be derived and the
	108	+	probable safety of capital. A determination of whether the pool or
	109	+	political subdivision exercised prudence in making an investment
	110	+	decision shall be made by considering the investment of all assets
	111	+	of the account rather than by considering the prudence of a single
	112	+	investment.
	113	+	SECTION 7. Section 607.055, Government Code, as amended by
	114	+	this Act, applies only to a claim for workers' compensation
	115	+	benefits filed on or after the effective date of this Act. A claim
	116	+	filed before that date is governed by the law as it existed on the
	117	+	date the claim was filed, and the former law is continued in effect
	118	+	for that purpose.
	119	+	SECTION 8. The commissioner of workers' compensation shall
158	120		adopt rules as required by or necessary to implement this Act not
159	121		later than January 1, 2020.
160		-	SECTION 10. (a) Section 504.053(e)(1), Labor Code, as
161		-	~~added~~ by this Act, applies only to an administrative violation that
	122	+	SECTION 9. (a) Section 504.053(e)(1), Labor Code, as added
	123	+	by this Act, applies only to an administrative violation that
162	124		occurs on or after the effective date of this Act. An
163	125		administrative violation that occurs before the effective date of
164	126		this Act is governed by the law applicable to the violation
165	127		immediately before the effective date of this Act, and that law is
166	128		continued in effect for that purpose.
167	129		(b) Section 504.053(e)(2), Labor Code, as added by this Act,
168	130		applies only to a claim for workers' compensation benefits filed on
169	131		or after the effective date of this Act. A claim filed before the
170	132		effective date of this Act is governed by the law in effect on the
171	133		date the claim was filed, and the former law is continued in effect
172	134		for that purpose.
173		-	SECTION 11. This Act takes effect immediately if it
	135	+	SECTION 10. This Act takes effect immediately if it
174	136		receives a vote of two-thirds of all the members elected to each
175	137		house, as provided by Section 39, Article III, Texas Constitution.
176	138		If this Act does not receive the vote necessary for immediate
177	139		effect, this Act takes effect September 1, 2019.
178		-	______________________________ ______________________________
179		-	President of the Senate Speaker of the House
180		-	I hereby certify that S.B. No. 2551 passed the Senate on
181		-	May 7, 2019, by the following vote: Yeas 30, Nays 1;
182		-	May 23, 2019, Senate refused to concur in House amendments and
183		-	requested appointment of Conference Committee; May 23, 2019, House
184		-	granted request of the Senate; May 26, 2019, Senate adopted
185		-	Conference Committee Report by the following vote: Yeas 30,
186		-	Nays 1.
187		-	______________________________
188		-	Secretary of the Senate
189		-	I hereby certify that S.B. No. 2551 passed the House, with
190		-	amendments, on May 21, 2019, by the following vote: Yeas 142,
191		-	Nays 2, three present not voting; May 23, 2019, House granted
192		-	request of the Senate for appointment of Conference Committee;
193		-	May 26, 2019, House adopted Conference Committee Report by the
194		-	following vote: Yeas 140, Nays 0, two present not voting.
195		-	______________________________
196		-	Chief Clerk of the House
197		-	Approved:
198		-	______________________________
199		-	Date
200		-	______________________________
201		-	Governor