S.B. No. 2551
AN ACT
relating to liability, payment, and benefits for certain workers'
compensation claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 607.055, Government Code, is amended to
read as follows:
Sec. 607.055. CANCER. (a) A firefighter or emergency
medical technician who suffers from cancer resulting in death or
total or partial disability is presumed to have developed the
cancer during the course and scope of employment as a firefighter or
emergency medical technician if:
(1) the firefighter or emergency medical technician:
(A) regularly responded on the scene to calls
involving fires or fire fighting; or
(B) regularly responded to an event involving the
documented release of radiation or a known or suspected carcinogen
while the person was employed as a firefighter or emergency medical
technician; and
(2) the cancer is [known to be associated with fire
fighting or exposure to heat, smoke, radiation, or a known or
suspected carcinogen, as] described by Subsection (b).
(b) This section applies only to:
(1) cancer that originates at the stomach, colon,
rectum, skin, prostate, testis, or brain;
(2) non-Hodgkin's lymphoma;
(3) multiple myeloma;
(4) malignant melanoma; and
(5) renal cell carcinoma [a type of cancer that may be
caused by exposure to heat, smoke, radiation, or a known or
suspected carcinogen as determined by the International Agency for
Research on Cancer].
SECTION 2. Section 607.058, Government Code, is amended to
read as follows:
Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
through a showing by a preponderance of the evidence that a risk
factor, accident, hazard, or other cause not associated with the
individual's service as a firefighter or emergency medical
technician was a substantial factor in bringing about [caused] the
individual's disease or illness, without which the disease or
illness would not have occurred.
(b) A rebuttal offered under this section must include a
statement by the person offering the rebuttal that describes, in
detail, the evidence that the person reviewed before making the
determination that a cause not associated with the individual's
service as a firefighter or emergency medical technician was a
substantial factor in bringing about [caused] the individual's
disease or illness, without which the disease or illness would not
have occurred.
(c) In addressing an argument based on a rebuttal offered
under this section, an administrative law judge shall make findings
of fact and conclusions of law that consider whether a qualified
expert, relying on evidence-based medicine, stated the opinion
that, based on reasonable medical probability, an identified risk
factor, accident, hazard, or other cause not associated with the
individual's service as a firefighter or emergency medical
technician was a substantial factor in bringing about the
individual's disease or illness, without which the disease or
illness would not have occurred.
SECTION 3. Section 409.021, Labor Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) An insurance carrier is not required to comply with
Subsection (a) if the claim results from an employee's disability
or death for which a presumption is claimed to be applicable under
Subchapter B, Chapter 607, Government Code, and, not later than the
15th day after the date on which the insurance carrier received
written notice of the injury, the insurance carrier has provided
the employee and the division with a notice that describes all steps
taken by the insurance carrier to investigate the injury before the
notice was given and the evidence the carrier reasonably believes
is necessary to complete its investigation of the compensability of
the injury. The commissioner shall adopt rules as necessary to
implement this subsection.
SECTION 4. Section 409.022, Labor Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) An insurance carrier has not committed an
administrative violation under Section 409.021 if the carrier has
sent notice to the employee as required by Subsection (d) of this
section or Section 409.021(a-3).
SECTION 5. Section 415.021, Labor Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) In determining whether to assess an administrative
penalty involving a claim in which the insurance carrier provided
notice under Section 409.021(a-3), the commissioner shall consider
whether:
(1) the employee cooperated with the insurance
carrier's investigation of the claim;
(2) the employee timely authorized access to the
applicable medical records before the insurance carrier's deadline
to:
(A) begin payment of benefits; or
(B) notify the division and the employee of the
insurance carrier's refusal to pay benefits; and
(3) the insurance carrier conducted an investigation
of the claim, applied the statutory presumptions under Subchapter
B, Chapter 607, Government Code, and expedited medical benefits
under Section 504.055.
SECTION 6. Section 504.053(e), Labor Code, is amended to
read as follows:
(e) Nothing in this chapter waives sovereign immunity or
creates a new cause of action, except that a political subdivision
that self-insures either individually or collectively is liable
for:
(1) sanctions, administrative penalties, and other
remedies authorized under Chapter 415;
(2) attorney's fees as provided by Section 408.221(c);
and
(3) attorney's fees as provided by Section 417.003.
SECTION 7. Subchapter D, Chapter 504, Labor Code, is
amended by adding Section 504.074 to read as follows:
Sec. 504.074. SELF-INSURANCE ACCOUNT FOR DEATH BENEFITS AND
LIFETIME INCOME BENEFITS. (a) A pool or a political subdivision
that self-insures may establish an account for the payment of death
benefits and lifetime income benefits under Chapter 408.
(b) An account established under this section may
accumulate assets in an amount that the pool or political
subdivision, in its sole discretion, determines is necessary in
order to pay death benefits and lifetime income benefits. The
establishment of an account under this section or the amount of
assets accumulated in the account does not affect the liability of a
pool or political subdivision for the payment of death benefits and
lifetime income benefits.
(c) Chapter 2256, Government Code, does not apply to the
investment of assets in an account established under this section.
A pool or political subdivision investing or reinvesting the assets
of an account shall discharge its duties solely in the interest of
current and future beneficiaries:
(1) for the exclusive purposes of:
(A) providing death benefits and lifetime income
benefits to current and future beneficiaries; and
(B) defraying reasonable expenses of
administering the account;
(2) with the care, skill, prudence, and diligence
under the prevailing circumstances that a prudent person acting in
a like capacity and familiar with matters of the type would use in
the conduct of an enterprise with a like character and like aims;
(3) by diversifying the investments of the account to
minimize the risk of large losses, unless under the circumstances
it is clearly prudent not to do so; and
(4) in accordance with the documents and instruments
governing the account to the extent that the documents and
instruments are consistent with this section.
(d) In choosing and contracting for professional investment
management services for an account established under this section
and in continuing the use of an investment manager, the pool or
political subdivision must act prudently and in the interest of the
current and future beneficiaries of the account.
SECTION 8. Sections 607.055 and 607.058, Government Code,
as amended by this Act, apply only to a claim for workers'
compensation benefits filed on or after the effective date of this
Act. A claim filed before that date is governed by the law as it
existed on the date the claim was filed, and the former law is
continued in effect for that purpose.
SECTION 9. The commissioner of workers' compensation shall
adopt rules as required by or necessary to implement this Act not
later than January 1, 2020.
SECTION 10. (a) Section 504.053(e)(1), Labor Code, as
added by this Act, applies only to an administrative violation that
occurs on or after the effective date of this Act. An
administrative violation that occurs before the effective date of
this Act is governed by the law applicable to the violation
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) Section 504.053(e)(2), Labor Code, as added by this Act,
applies only to a claim for workers' compensation benefits filed on
or after the effective date of this Act. A claim filed before the
effective date of this Act is governed by the law in effect on the
date the claim was filed, and the former law is continued in effect
for that purpose.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2551 passed the Senate on
May 7, 2019, by the following vote: Yeas 30, Nays 1;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2551 passed the House, with
amendments, on May 21, 2019, by the following vote: Yeas 142,
Nays 2, three present not voting; May 23, 2019, House granted
request of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 140, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor