| 1 | 1 | | 88R2724 SCP-F |
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| 2 | 2 | | By: Canales H.B. No. 2315 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain presumptions applicable to claims for benefits |
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| 8 | 8 | | for certain public safety employees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 607.052(a), (b), and (h), Government |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) Notwithstanding any other law, this subchapter applies |
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| 13 | 13 | | only to a detention officer, custodial officer, firefighter, peace |
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| 14 | 14 | | officer, or emergency medical technician who: |
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| 15 | 15 | | (1) on becoming employed or during employment as a |
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| 16 | 16 | | detention officer, custodial officer, firefighter, peace officer, |
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| 17 | 17 | | or emergency medical technician, received a physical examination |
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| 18 | 18 | | that failed to reveal evidence of the illness or disease for which |
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| 19 | 19 | | benefits or compensation are sought using a presumption established |
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| 20 | 20 | | by this subchapter; |
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| 21 | 21 | | (2) is employed for five or more years as a |
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| 22 | 22 | | firefighter, peace officer, or emergency medical technician, |
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| 23 | 23 | | except for the presumptions [presumption] under Sections 607.053 |
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| 24 | 24 | | and [Section] 607.0545; and |
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| 25 | 25 | | (3) seeks benefits or compensation for a disease or |
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| 26 | 26 | | illness covered by this subchapter that is discovered during |
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| 27 | 27 | | employment as a detention officer, custodial officer, firefighter, |
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| 28 | 28 | | peace officer, or emergency medical technician. |
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| 29 | 29 | | (b) A presumption under this subchapter does not apply: |
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| 30 | 30 | | (1) to a determination of a survivor's eligibility for |
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| 31 | 31 | | benefits under Chapter 615; |
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| 32 | 32 | | (2) in a cause of action brought in a state or federal |
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| 33 | 33 | | court except for judicial review of a proceeding in which there has |
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| 34 | 34 | | been a grant or denial of employment-related benefits or |
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| 35 | 35 | | compensation; |
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| 36 | 36 | | (3) to a determination regarding benefits or |
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| 37 | 37 | | compensation under a life or disability insurance policy purchased |
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| 38 | 38 | | by or on behalf of the detention officer, custodial officer, |
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| 39 | 39 | | firefighter, peace officer, or emergency medical technician that |
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| 40 | 40 | | provides coverage in addition to any benefits or compensation |
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| 41 | 41 | | required by law; or |
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| 42 | 42 | | (4) if the disease or illness for which benefits or |
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| 43 | 43 | | compensation is sought is a cancer listed in Section 607.055 and |
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| 44 | 44 | | known to be caused by the use of tobacco and: |
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| 45 | 45 | | (A) the firefighter[, peace officer,] or |
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| 46 | 46 | | emergency medical technician has used a tobacco product in the five |
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| 47 | 47 | | years preceding the diagnosis of the cancer [is or has been a user |
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| 48 | 48 | | of tobacco]; or |
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| 49 | 49 | | (B) the firefighter's[, peace officer's,] or |
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| 50 | 50 | | emergency medical technician's spouse has, during the marriage, |
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| 51 | 51 | | used a tobacco product that is consumed through smoking in the five |
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| 52 | 52 | | years preceding the diagnosis of the cancer [been a user of tobacco |
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| 53 | 53 | | that is consumed through smoking]. |
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| 54 | 54 | | (h) Subsection (b)(4) only prevents the application of the |
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| 55 | 55 | | presumption authorized by this subchapter and does not affect the |
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| 56 | 56 | | right of a firefighter[, peace officer,] or emergency medical |
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| 57 | 57 | | technician to provide proof, without the use of that presumption, |
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| 58 | 58 | | that an injury or illness occurred during the course and scope of |
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| 59 | 59 | | employment. |
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| 60 | 60 | | SECTION 2. The changes in law made by this Act apply only to |
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| 61 | 61 | | a claim for benefits or compensation brought on or after the |
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| 62 | 62 | | effective date of this Act. A claim for benefits or compensation |
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| 63 | 63 | | brought before the effective date of this Act is governed by the law |
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| 64 | 64 | | in effect on the date the claim was made, and the former law is |
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| 65 | 65 | | continued in effect for that purpose. |
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| 66 | 66 | | SECTION 3. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2023. |
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