Texas 2021 - 87th Regular

Texas House Bill HB541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R18313 MCK-D
1	2		By: Patterson, Collier, Burrows, Hunter, H.B. No. 541
2	3		Canales, et al.
	4	+	Substitute the following for H.B. No. 541:
	5	+	By: Patterson C.S.H.B. No. 541
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to certain claims for benefits, compensation, or
8	11		assistance by certain public safety employees and survivors of
9	12		certain public safety employees.
10	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	14		SECTION 1. The heading to Subchapter B, Chapter 607,
12	15		Government Code, is amended to read as follows:
13	16		SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION
14	17		OFFICERS, CORRECTIONS EMPLOYEES, FIREFIGHTERS, PEACE OFFICERS, AND
15	18		EMERGENCY MEDICAL TECHNICIANS
16	19		SECTION 2. Section 607.051, Government Code, is amended by
17	20		amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
18	21		read as follows:
19	22		(1) "Corrections employee" means an employee of the
20	23		Texas Department of Criminal Justice whose job duties require
21	24		regular interaction with the public or an incarcerated population.
22	25		(1-a) "Detention officer" means an individual
23	26		employed by a state agency or political subdivision of the state to
24	27		ensure the safekeeping of prisoners and the security of a
25	28		municipal, county, or state penal institution in this state.
26	29		(1-b) "Disability" means partial or total disability.
27	30		SECTION 3. Sections 607.052(a), (b), (e), and (g),
28	31		Government Code, are amended to read as follows:
29	32		(a) Notwithstanding any other law, this subchapter applies
30	33		only to a detention officer, corrections employee, firefighter,
31	34		peace officer, or emergency medical technician who:
32	35		(1) on becoming employed or during employment as a
33	36		detention officer, corrections employee, firefighter, peace
34	37		officer, or emergency medical technician, received a physical
35	38		examination that failed to reveal evidence of the illness or
36	39		disease for which benefits or compensation are sought using a
37	40		presumption established by this subchapter;
38	41		(2) is employed for five or more years as a
39	42		firefighter, peace officer, or emergency medical technician,
40	43		except for the presumption under Section 607.0545; and
41	44		(3) seeks benefits or compensation for a disease or
42	45		illness covered by this subchapter that is discovered during
43	46		employment as a detention officer, corrections employee,
44	47		firefighter, peace officer, or emergency medical technician.
45	48		(b) A presumption under this subchapter does not apply:
46	49		(1) to a determination of a survivor's eligibility for
47	50		benefits under Chapter 615, except for the presumption under
48	51		Section 607.0545;
49	52		(2) in a cause of action brought in a state or federal
50	53		court except for judicial review of a proceeding in which there has
51	54		been a grant or denial of employment-related benefits or
52	55		compensation;
53	56		(3) to a determination regarding benefits or
54	57		compensation under a life or disability insurance policy purchased
55	58		by or on behalf of the detention officer, corrections employee,
56	59		firefighter, peace officer, or emergency medical technician that
57	60		provides coverage in addition to any benefits or compensation
58	61		required by law; or
59	62		(4) if the disease or illness for which benefits or
60	63		compensation is sought is known to be caused by the use of tobacco
61	64		and:
62	65		(A) the firefighter, peace officer, or emergency
63	66		medical technician is or has been a user of tobacco; or
64	67		(B) the firefighter's, peace officer's, or
65	68		emergency medical technician's spouse has, during the marriage,
66	69		been a user of tobacco that is consumed through smoking.
67	70		(e) A detention officer, corrections employee, firefighter,
68	71		peace officer, or emergency medical technician who uses a
69	72		presumption established under this subchapter is entitled only to
70	73		the benefits or compensation to which the detention officer,
71	74		corrections employee, firefighter, peace officer, or emergency
72	75		medical technician would otherwise be entitled to receive at the
73	76		time the claim for benefits or compensation is filed.
74	77		(g) This subchapter applies to a detention officer,
75	78		corrections employee, firefighter, peace officer, or emergency
76	79		medical technician who provides services as an employee of an
77	80		entity created by an interlocal agreement.
78	81		SECTION 4. Section 607.054, Government Code, is amended to
79	82		read as follows:
80	83		Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS.
81	84		(a) A firefighter, peace officer, or emergency medical technician
82	85		who suffers from tuberculosis, or any other disease or illness of
83	86		the lungs or respiratory tract that has a statistically positive
84	87		correlation with service as a firefighter, peace officer, or
85	88		emergency medical technician, that results in death or total or
86	89		partial disability is presumed to have contracted the disease or
87	90		illness during the course and scope of employment as a firefighter,
88	91		peace officer, or emergency medical technician.
89	92		(b) This section does not apply to a claim that a
90	93		firefighter, peace officer, or emergency medical technician
91	94		suffers from severe acute respiratory syndrome coronavirus 2
92	95		(SARS-CoV-2) or coronavirus disease 2019 (COVID-19).
93	96		SECTION 5. Subchapter B, Chapter 607, Government Code, is
94	97		amended by adding Section 607.0545 to read as follows:
95	98		Sec. 607.0545. SEVERE ACUTE RESPIRATORY SYNDROME
96	99		CORONAVIRUS 2 (SARS-CoV-2) OR CORONAVIRUS DISEASE 2019 (COVID-19).
97	100		(a) A detention officer, corrections employee, firefighter, peace
98	101		officer, or emergency medical technician who, based on a test
99	102		approved by the United States Food and Drug Administration, suffers
100	103		from severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)
101	104		or coronavirus disease 2019 (COVID-19) that results in death or
102	105		total or partial disability is presumed to have contracted the
103	106		virus or disease during the course and scope of employment as a
104	107		detention officer, corrections employee, firefighter, peace
105	108		officer, or emergency medical technician if the detention officer,
106	109		corrections employee, firefighter, peace officer, or emergency
107	110		medical technician:
108	111		(1) is employed in the area designated in a disaster
109	112		declaration by the governor under Section 418.014 or another law
110	113		and the disaster is related to severe acute respiratory syndrome
111	114		coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19);
112	115		and
113	116		(2) contracts the disease during the disaster declared
114	117		by the governor described by Subdivision (1).
115	118		(b) The presumption under this section applies only to a
116	119		person who:
117	120		(1) is employed as a detention officer, corrections
118	121		employee, firefighter, peace officer, or emergency medical
119	122		technician on a full-time basis; and
120		-	(2) was last on duty not more than 14 days before the
	123	+	(2) was last on duty not more than 10 days before the
121	124		date the person tests positive for severe acute respiratory
122	125		syndrome coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019
123	126		(COVID-19).
124	127		(c) This section does not affect the right of a detention
125	128		officer, corrections employee, firefighter, peace officer, or
126	129		emergency medical technician to provide proof, without the use of
127	130		the presumption under this section, that an injury or illness
128	131		occurred during the course and scope of employment.
129		-	(d) Sections 409.009 and 409.0091, Labor Code, do not apply
130		-	to a claim for compensation determined to be compensable or
131		-	accepted by an insurance carrier as compensable using the
132		-	presumption under this section. Notwithstanding this subsection,
133		-	an injured employee may request reimbursement for health care paid
134		-	by the employee as provided by rule of the division of workers'
135		-	compensation of the Texas Department of Insurance.
136	132		SECTION 6. Section 607.057, Government Code, is amended to
137	133		read as follows:
138	134		Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by
139	135		Section 607.052(b), a presumption established under this
140	136		subchapter applies to a determination of whether a detention
141	137		officer's, corrections employee's, firefighter's, peace officer's,
142	138		or emergency medical technician's disability or death resulted from
143	139		a disease or illness contracted in the course and scope of
144	140		employment for purposes of benefits or compensation provided under
145	141		another employee benefit, law, or plan, including a pension plan.
146	142		SECTION 7. Section 607.058, Government Code, is amended to
147	143		read as follows:
148	144		Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
149	145		under Section 607.053, 607.054, 607.0545, 607.055, or 607.056 may
150	146		be rebutted through a showing by a preponderance of the evidence
151	147		that a risk factor, accident, hazard, or other cause not associated
152	148		with the individual's service as a detention officer, corrections
153	149		employee, firefighter, peace officer, or emergency medical
154	150		technician was a substantial factor in bringing about the
155	151		individual's disease or illness, without which the disease or
156	152		illness would not have occurred.
157	153		(b) A rebuttal offered under this section must include a
158	154		statement by the person offering the rebuttal that describes, in
159	155		detail, the evidence that the person reviewed before making the
160	156		determination that a cause not associated with the individual's
161	157		service as a detention officer, corrections employee, firefighter,
162	158		peace officer, or emergency medical technician was a substantial
163	159		factor in bringing about the individual's disease or illness,
164	160		without which the disease or illness would not have occurred.
165	161		(c) In addressing an argument based on a rebuttal offered
166	162		under this section, an administrative law judge shall make findings
167	163		of fact and conclusions of law that consider whether a qualified
168	164		expert, relying on evidence-based medicine, stated the opinion
169	165		that, based on reasonable medical probability, an identified risk
170	166		factor, accident, hazard, or other cause not associated with the
171	167		individual's service as a detention officer, corrections employee,
172	168		firefighter, peace officer, or emergency medical technician was a
173	169		substantial factor in bringing about the individual's disease or
174	170		illness, without which the disease or illness would not have
175	171		occurred.
176	172		(d) A rebuttal offered under this section to a presumption
177	173		under Section 607.0545 may not be based solely on evidence relating
178	174		to the risk of exposure to severe acute respiratory syndrome
179	175		coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19)
180	176		of a person with whom a detention officer, corrections employee,
181	177		firefighter, peace officer, or emergency medical technician
182	178		resides.
183		-	(e) A rebuttal offered under this section to a presumption
184		-	under Section 607.0545 may be based on evidence that a person with
185		-	whom a detention officer, corrections employee, firefighter, peace
186		-	officer, or emergency medical technician resides had a confirmed
187		-	diagnosis of severe acute respiratory syndrome coronavirus 2
188		-	(SARS-CoV-2) or coronavirus disease 2019 (COVID-19).
189		-	SECTION 8. Section 409.022(d), Labor Code, is amended to
190		-	read as follows:
191		-	(d) In this subsection, the terms "corrections employee,"
192		-	"detention officer," "emergency medical technician,"
193		-	"firefighter," and "peace officer" have the meanings assigned by
194		-	Section 607.051, Government Code. In addition to the other
195		-	requirements of this section, if an insurance carrier's notice of
196		-	refusal to pay benefits under Section 409.021 is sent in response to
197		-	a claim for compensation resulting from a corrections employee's, a
198		-	detention officer's, an emergency medical technician's, a
199		-	firefighter's, or a peace officer's disability or death for which a
200		-	presumption is claimed to be applicable under Subchapter B, Chapter
201		-	607, Government Code, the notice must include a statement by the
202		-	carrier that:
203		-	(1) explains why the carrier determined a presumption
204		-	under that subchapter does not apply to the claim for compensation;
205		-	and
206		-	(2) describes the evidence that the carrier reviewed
207		-	in making the determination described by Subdivision (1).
208		-	SECTION 9. (a) The changes in law made by this Act apply to
	179	+	SECTION 8. (a) The changes in law made by this Act apply to
209	180		a claim for benefits, compensation, or assistance pending on or
210	181		filed on or after the effective date of this Act. A claim for
211	182		benefits, compensation, or assistance filed before that date, other
212	183		than a claim pending on that date, is covered by the law in effect on
213	184		the date the claim was made, and that law is continued in effect for
214	185		that purpose.
215		-	(b) Notwithstanding Subsection (a) of this section or
216		-	Sections 409.003, 410.169, or 410.205, Labor Code, a person who on
217		-	or after the date the governor declared a disaster under Chapter
218		-	418, Government Code, relating to SARS-CoV-2, coronavirus disease
219		-	2019 (COVID-19), but before the effective date of this Act, filed a
220		-	claim for benefits, compensation, or assistance related to
221		-	SARS-CoV-2, coronavirus disease 2019 (COVID-19), and whose claim
222		-	was subsequently denied may, on or after the effective date of this
223		-	Act, request in writing that the insurance carrier reprocess the
224		-	claim and the changes in law made by this Act shall apply to that
225		-	claim. A request to reprocess a claim as authorized by this
226		-	subsection shall be filed not later than one year after the
227		-	effective date of this Act.
228		-	(c) Not later than the 60th day after the date an insurance
229		-	carrier receives a written request to reprocess a claim under
230		-	Subsection (b) of this section, the insurance carrier shall
231		-	reprocess the claim and notify the person in writing whether the
232		-	carrier accepted or denied the claim. If the insurance carrier
233		-	denies the claim, the notice must include information on the
234		-	process for disputing the denial. The notice provided by the
235		-	insurance carrier must use the notice provisions prescribed by the
236		-	division of workers' compensation of the Texas Department of
237		-	Insurance under Subsection (d) of this section.
238		-	(d) As soon as practicable after the effective date of this
239		-	Act, the division of workers' compensation of the Texas Department
240		-	of Insurance shall prescribe notice provisions for an insurance
241		-	carrier to use when providing notice of the insurance carrier's
242		-	acceptance or denial of a person's claim. The notice provisions
243		-	must be clear and easily understandable.
244		-	SECTION 10. This Act takes effect immediately if it
245		-	receives a vote of two-thirds of all the members elected to each
246		-	house, as provided by Section 39, Article III, Texas Constitution.
247		-	If this Act does not receive the vote necessary for immediate
248		-	effect, this Act takes effect September 1, 2021.
	186	+	(b) Notwithstanding Subsection (a) of this section, a
	187	+	person who on or after March 13, 2020, but before the effective date
	188	+	of this Act, filed a claim for benefits, compensation, or
	189	+	assistance related to severe acute respiratory syndrome
	190	+	coronavirus 2 (SARS-CoV-2) or coronavirus disease 2019 (COVID-19)
	191	+	and whose claim was subsequently denied may file another claim on or
	192	+	after the effective date of this Act, and the changes in law made by
	193	+	this Act apply to that claim.
	194	+	SECTION 9. This Act takes effect immediately if it receives
	195	+	a vote of two-thirds of all the members elected to each house, as
	196	+	provided by Section 39, Article III, Texas Constitution. If this
	197	+	Act does not receive the vote necessary for immediate effect, this
	198	+	Act takes effect September 1, 2021.