Texas 2021 - 87th Regular

Texas House Bill HB1498 Compare Versions

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

Old	New	Differences
1	1	87R3150 MCK-D
2	2	By: Martinez H.B. No. 1498
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain claims for benefits, compensation, or
8	8	assistance by certain public safety employees and survivors of
9	9	certain public safety employees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 607.002, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 607.002. REIMBURSEMENT. (a) A public safety employee
14	14	who is exposed to a contagious disease is entitled to reimbursement
15	15	from the employing governmental entity for reasonable medical
16	16	expenses incurred in treatment for the prevention of the disease
17	17	if:
18	18	(1) the disease is not an "ordinary disease of life" as
19	19	that term is used in the context of a workers' compensation claim;
20	20	(2) the exposure to the disease occurs during the
21	21	course of the employment; and
22	22	(3) the employee requires preventative medical
23	23	treatment because of exposure to the disease.
24	24	(b) For purposes of this section, a disease is not an
25	25	"ordinary disease of life" if the disease is the basis for a
26	26	disaster declared by the governor under Section 418.014 for all or
27	27	part of the state.
28	28	SECTION 2. The heading for Subchapter B, Chapter 607,
29	29	Government Code, is amended to read as follows:
30	30	SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION
31	31	OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY MEDICAL
32	32	TECHNICIANS
33	33	SECTION 3. Section 607.051, Government Code, is amended by
34	34	amending Subdivision (1) and adding Subdivision (1-a) to read as
35	35	follows:
36	36	(1) "Detention officer" means an individual employed
37	37	by a state agency or political subdivision of the state to ensure
38	38	the safekeeping of prisoners and the security of a municipal,
39	39	county, or state penal institution in this state.
40	40	(1-a) "Disability" means partial or total disability.
41	41	SECTION 4. Sections 607.052(a), (b), (e), and (g),
42	42	Government Code, are amended to read as follows:
43	43	(a) Notwithstanding any other law, this subchapter applies
44	44	only to a detention officer, firefighter, peace officer, or
45	45	emergency medical technician who:
46	46	(1) on becoming employed or during employment as a
47	47	detention officer, firefighter, peace officer, or emergency
48	48	medical technician, received a physical examination that failed to
49	49	reveal evidence of the illness or disease for which benefits or
50	50	compensation are sought using a presumption established by this
51	51	subchapter;
52	52	(2) is employed for five or more years as a detention
53	53	officer, firefighter, peace officer, or emergency medical
54	54	technician; and
55	55	(3) seeks benefits or compensation for a disease or
56	56	illness covered by this subchapter that is discovered during
57	57	employment as a detention officer, firefighter, peace officer, or
58	58	emergency medical technician.
59	59	(b) A presumption under this subchapter does not apply:
60	60	(1) to a determination of a survivor's eligibility for
61	61	benefits under Chapter 615;
62	62	(2) in a cause of action brought in a state or federal
63	63	court except for judicial review of a proceeding in which there has
64	64	been a grant or denial of employment-related benefits or
65	65	compensation;
66	66	(3) to a determination regarding benefits or
67	67	compensation under a life or disability insurance policy purchased
68	68	by or on behalf of the detention officer, firefighter, peace
69	69	officer, or emergency medical technician that provides coverage in
70	70	addition to any benefits or compensation required by law; or
71	71	(4) if the disease or illness for which benefits or
72	72	compensation is sought is known to be caused by the use of tobacco
73	73	and:
74	74	(A) the firefighter, peace officer, or emergency
75	75	medical technician is or has been a user of tobacco; or
76	76	(B) the firefighter's, peace officer's, or
77	77	emergency medical technician's spouse has, during the marriage,
78	78	been a user of tobacco that is consumed through smoking.
79	79	(e) A detention officer, firefighter, peace officer, or
80	80	emergency medical technician who uses a presumption established
81	81	under this subchapter is entitled only to the benefits or
82	82	compensation to which the detention officer, firefighter, peace
83	83	officer, or emergency medical technician would otherwise be
84	84	entitled to receive at the time the claim for benefits or
85	85	compensation is filed.
86	86	(g) This subchapter applies to a detention officer,
87	87	firefighter, peace officer, or emergency medical technician who
88	88	provides services as an employee of an entity created by an
89	89	interlocal agreement.
90	90	SECTION 5. Subchapter B, Chapter 607, Government Code, is
91	91	amended by adding Section 607.0545 to read as follows:
92	92	Sec. 607.0545. DISEASES THAT CAUSE DISASTER DECLARATION. A
93	93	detention officer, firefighter, peace officer, or emergency
94	94	medical technician who contracts a disease that is the basis for a
95	95	disaster declared by the governor under Section 418.014 for all or
96	96	part of the state and dies or is totally or partially disabled as a
97	97	result of the disease is presumed to have contracted the disease
98	98	during the course and scope of employment as a detention officer,
99	99	firefighter, peace officer, or emergency medical technician.
100	100	SECTION 6. Section 607.057, Government Code, is amended to
101	101	read as follows:
102	102	Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by
103	103	Section 607.052(b), a presumption established under this
104	104	subchapter applies to a determination of whether a detention
105	105	officer's, firefighter's, peace officer's, or emergency medical
106	106	technician's disability or death resulted from a disease or illness
107	107	contracted in the course and scope of employment for purposes of
108	108	benefits or compensation provided under another employee benefit,
109	109	law, or plan, including a pension plan.
110	110	SECTION 7. Section 607.058, Government Code, is amended to
111	111	read as follows:
112	112	Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
113	113	under Section 607.053, 607.054, 607.0545, 607.055, or 607.056 may
114	114	be rebutted through a showing by a preponderance of the evidence
115	115	that a risk factor, accident, hazard, or other cause not associated
116	116	with the individual's service as a detention officer, firefighter,
117	117	peace officer, or emergency medical technician was a substantial
118	118	factor in bringing about the individual's disease or illness,
119	119	without which the disease or illness would not have occurred.
120	120	(b) A rebuttal offered under this section must include a
121	121	statement by the person offering the rebuttal that describes, in
122	122	detail, the evidence that the person reviewed before making the
123	123	determination that a cause not associated with the individual's
124	124	service as a detention officer, firefighter, peace officer, or
125	125	emergency medical technician was a substantial factor in bringing
126	126	about the individual's disease or illness, without which the
127	127	disease or illness would not have occurred.
128	128	(c) In addressing an argument based on a rebuttal offered
129	129	under this section, an administrative law judge shall make findings
130	130	of fact and conclusions of law that consider whether a qualified
131	131	expert, relying on evidence-based medicine, stated the opinion
132	132	that, based on reasonable medical probability, an identified risk
133	133	factor, accident, hazard, or other cause not associated with the
134	134	individual's service as a detention officer, firefighter, or
135	135	emergency medical technician was a substantial factor in bringing
136	136	about the individual's disease or illness, without which the
137	137	disease or illness would not have occurred.
138	138	SECTION 8. Section 615.021(e)(1), Government Code, is
139	139	amended to read as follows:
140	140	(1) "Personal injury" means an injury resulting from:
141	141	(A) an external force, an activity, or a disease
142	142	caused by or resulting from:
143	143	(i) [(A)] a line-of-duty accident; or
144	144	(ii) [(B)] an illness caused by
145	145	line-of-duty work under hazardous conditions; or
146	146	(B) a disease that is the basis for a disaster
147	147	declared by the governor under Section 418.014 for all or part of
148	148	the state.
149	149	SECTION 9. Subchapter B, Chapter 615, Government Code, is
150	150	amended by adding Section 615.0211 to read as follows:
151	151	Sec. 615.0211. PRESUMPTION OF LINE OF DUTY INJURY. (a) In
152	152	this section, "line of duty" has the meaning assigned by Section
153	153	615.021.
154	154	(b) An individual listed under Section 615.003 who suffers a
155	155	personal injury resulting from a disease that is the basis for a
156	156	disaster declared by the governor under Section 418.014 for all or
157	157	part of the state is presumed to have sustained the injury in the
158	158	line of duty in the individual's position as described by Section
159	159	615.003.
160	160	SECTION 10. Section 615.072(c)(1), Government Code, is
161	161	amended to read as follows:
162	162	(1) "Personal injury" means an injury resulting from:
163	163	(A) an external force, an activity, or a disease
164	164	caused by or resulting from:
165	165	(i) [(A)] a line-of-duty accident; or
166	166	(ii) [(B)] an illness caused by
167	167	line-of-duty work under hazardous conditions; or
168	168	(B) a disease that is the basis for a disaster
169	169	declared by the governor under Section 418.014 for all or part of
170	170	the state.
171	171	SECTION 11. Subchapter D, Chapter 615, Government Code, is
172	172	amended by adding Section 615.0721 to read as follows:
173	173	Sec. 615.0721. PRESUMPTION OF LINE OF DUTY INJURY. (a) In
174	174	this section, "line of duty" has the meaning assigned by Section
175	175	615.072.
176	176	(b) An individual listed under Section 615.071 who suffers a
177	177	personal injury resulting from a disease that is the basis for a
178	178	disaster declared by the governor under Section 418.014 for all or
179	179	part of the state is presumed to have sustained the injury in the
180	180	line of duty in the individual's position as described by Section
181	181	615.071.
182	182	SECTION 12. The changes in law made by this Act apply to a
183	183	claim for benefits, compensation, or assistance brought on or after
184	184	the effective date of this Act. A claim for benefits, compensation,
185	185	or assistance brought before that date is covered by the law in
186	186	effect on the date the claim was made, and that law is continued in
187	187	effect for that purpose.
188	188	SECTION 13. This Act takes effect immediately if it
189	189	receives a vote of two-thirds of all the members elected to each
190	190	house, as provided by Section 39, Article III, Texas Constitution.
191	191	If this Act does not receive the vote necessary for immediate
192	192	effect, this Act takes effect September 1, 2021.