Texas 2021 - 87th Regular

Texas House Bill HB310 Compare Versions

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

Old	New	Differences
1	1	87R2830 MCK-D
2	2	By: Springer H.B. No. 310
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. Subchapter B, Chapter 607, Government Code, is
29	29	amended by adding Section 607.0545 to read as follows:
30	30	Sec. 607.0545. DISEASES THAT CAUSE A DISASTER DECLARATION.
31	31	A firefighter, peace officer, or emergency medical technician who
32	32	contracts a disease that is the basis for a disaster declared by the
33	33	governor under Section 418.014 for all or part of the state that
34	34	results in death or total or partial disability is presumed to have
35	35	contracted the disease during the course and scope of employment as
36	36	a firefighter, peace officer, or emergency medical technician.
37	37	SECTION 3. Section 607.058(a), Government Code, is amended
38	38	to read as follows:
39	39	(a) A presumption under Section 607.053, 607.054, 607.0545,
40	40	607.055, or 607.056 may be rebutted through a showing by a
41	41	preponderance of the evidence that a risk factor, accident, hazard,
42	42	or other cause not associated with the individual's service as a
43	43	firefighter, peace officer, or emergency medical technician was a
44	44	substantial factor in bringing about the individual's disease or
45	45	illness, without which the disease or illness would not have
46	46	occurred.
47	47	SECTION 4. Section 615.021(e)(1), Government Code, is
48	48	amended to read as follows:
49	49	(1) "Personal injury" means an injury resulting from:
50	50	(A) an external force, an activity, or a disease
51	51	caused by or resulting from:
52	52	(i) [(A)] a line-of-duty accident; or
53	53	(ii) [(B)] an illness caused by
54	54	line-of-duty work under hazardous conditions; or
55	55	(B) a disease that is the basis for a disaster
56	56	declared by the governor under Section 418.014 for all or part of
57	57	the state.
58	58	SECTION 5. Subchapter B, Chapter 615, Government Code, is
59	59	amended by adding Section 615.0211 to read as follows:
60	60	Sec. 615.0211. PRESUMPTION OF LINE-OF-DUTY INJURY. (a) In
61	61	this section, "line of duty" has the meaning assigned by Section
62	62	615.021.
63	63	(b) An individual listed under Section 615.003 who suffers a
64	64	personal injury resulting from a disease that is the basis for a
65	65	disaster declared by the governor under Section 418.014 for all or
66	66	part of the state is presumed to have sustained the injury in the
67	67	line of duty in the individual's position as described by Section
68	68	615.003.
69	69	SECTION 6. Section 615.072(c)(1), Government Code, is
70	70	amended to read as follows:
71	71	(1) "Personal injury" means an injury resulting from:
72	72	(A) an external force, an activity, or a disease
73	73	caused by or resulting from:
74	74	(i) [(A)] a line-of-duty accident; or
75	75	(ii) [(B)] an illness caused by
76	76	line-of-duty work under hazardous conditions; or
77	77	(B) a disease that is the basis for a disaster
78	78	declared by the governor under Section 418.014 for all or part of
79	79	the state.
80	80	SECTION 7. Subchapter D, Chapter 615, Government Code, is
81	81	amended by adding Section 615.0721 to read as follows:
82	82	Sec. 615.0721. PRESUMPTION OF LINE-OF-DUTY INJURY. (a) In
83	83	this section, "line of duty" has the meaning assigned by Section
84	84	615.072.
85	85	(b) An individual listed under Section 615.071 who suffers a
86	86	personal injury resulting from a disease that is the basis for a
87	87	disaster declared by the governor under Section 418.014 for all or
88	88	part of the state is presumed to have sustained the injury in the
89	89	line of duty in the individual's position as described by Section
90	90	615.071.
91	91	SECTION 8. The changes in law made by this Act apply to a
92	92	claim for benefits, compensation, or assistance brought on or after
93	93	the effective date of this Act. A claim for benefits, compensation,
94	94	or assistance brought before that date is covered by the law in
95	95	effect on the date the claim was made, and that law is continued in
96	96	effect for that purpose.
97	97	SECTION 9. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect September 1, 2021.