| 1 | 1 | | By: King of Uvalde, et al. H.B. No. 2455 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to an annual occupational medical examination for fire |
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| 7 | 7 | | fighters. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 180, Local Government Code, is amended |
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| 10 | 10 | | by adding Section 180.010 to read as follows: |
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| 11 | 11 | | Sec. 180.010. ANNUAL OCCUPATIONAL MEDICAL EXAMINATION FOR |
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| 12 | 12 | | FIRE FIGHTERS. (a) In this section: |
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| 13 | 13 | | (1) "Fire department" has the meaning assigned by |
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| 14 | 14 | | Section 419.021, Government Code. |
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| 15 | 15 | | (2) "Fire fighter" means an individual: |
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| 16 | 16 | | (A) defined as fire protection personnel under |
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| 17 | 17 | | Section 419.021(3)(C), Government Code; and |
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| 18 | 18 | | (B) who is certified by the Texas Commission on |
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| 19 | 19 | | Fire Protection under Chapter 419 of that code. |
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| 20 | 20 | | (b) A fire department shall offer an annual occupational |
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| 21 | 21 | | medical examination to each fire fighter employed by the fire |
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| 22 | 22 | | department at no cost to the fire fighter. |
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| 23 | 23 | | (c) The annual occupational medical examination must be |
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| 24 | 24 | | confidential and include: |
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| 25 | 25 | | (1) a blood test; |
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| 26 | 26 | | (2) a urine test; |
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| 27 | 27 | | (3) a pulmonary function test; |
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| 28 | 28 | | (4) an electrocardiogram; |
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| 29 | 29 | | (5) an infectious disease screening; |
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| 30 | 30 | | (6) a cancer screening; and |
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| 31 | 31 | | (7) a chest x-ray, subject to Subsection (d). |
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| 32 | 32 | | (d) A fire fighter is eligible to receive a chest x-ray |
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| 33 | 33 | | during an annual occupational medical examination under this |
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| 34 | 34 | | section once every five years. |
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| 35 | 35 | | (e) The Texas Commission on Fire Protection shall adopt |
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| 36 | 36 | | rules establishing minimum standards for annual occupational |
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| 37 | 37 | | medical examinations under this section by using standards |
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| 38 | 38 | | developed by the National Fire Protection Association. |
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| 39 | 39 | | (f) A fire department is not required to offer an annual |
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| 40 | 40 | | occupational medical examination under this section if the fire |
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| 41 | 41 | | department submits an annual medical examination plan to the Texas |
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| 42 | 42 | | Commission on Fire Protection by February 1 of each year. The plan |
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| 43 | 43 | | must be endorsed by a physician and be in substantial compliance |
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| 44 | 44 | | with standards developed by the National Fire Protection |
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| 45 | 45 | | Association. The commission shall adopt rules to implement this |
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| 46 | 46 | | subsection. |
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| 47 | 47 | | SECTION 2. As soon as practicable after the effective date |
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| 48 | 48 | | of this Act but not later than January 1, 2025, the Texas Commission |
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| 49 | 49 | | on Fire Protection shall adopt rules as required by Sections |
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| 50 | 50 | | 180.010(e) and (f), Local Government Code, as added by this Act. |
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| 51 | 51 | | SECTION 3. A fire department is not required to comply with |
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| 52 | 52 | | Section 180.010, Local Government Code, as added by this Act, until |
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| 53 | 53 | | February 1, 2025. |
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| 54 | 54 | | SECTION 4. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2023. |
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