Texas 2023 - 88th Regular

Texas House Bill HB2455 Latest Draft

Bill / Engrossed Version Filed 04/25/2023

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                            By: King of Uvalde, et al. H.B. No. 2455


 A BILL TO BE ENTITLED
 AN ACT
 relating to an annual occupational medical examination for fire
 fighters.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 180, Local Government Code, is amended
 by adding Section 180.010 to read as follows:
 Sec. 180.010.  ANNUAL OCCUPATIONAL MEDICAL EXAMINATION FOR
 FIRE FIGHTERS. (a) In this section:
 (1)  "Fire department" has the meaning assigned by
 Section 419.021, Government Code.
 (2)  "Fire fighter" means an individual:
 (A)  defined as fire protection personnel under
 Section 419.021(3)(C), Government Code; and
 (B)  who is certified by the Texas Commission on
 Fire Protection under Chapter 419 of that code.
 (b)  A fire department shall offer an annual occupational
 medical examination to each fire fighter employed by the fire
 department at no cost to the fire fighter.
 (c)  The annual occupational medical examination must be
 confidential and include:
 (1)  a blood test;
 (2)  a urine test;
 (3)  a pulmonary function test;
 (4)  an electrocardiogram;
 (5)  an infectious disease screening;
 (6)  a cancer screening; and
 (7)  a chest x-ray, subject to Subsection (d).
 (d)  A fire fighter is eligible to receive a chest x-ray
 during an annual occupational medical examination under this
 section once every five years.
 (e)  The Texas Commission on Fire Protection shall adopt
 rules establishing minimum standards for annual occupational
 medical examinations under this section by using standards
 developed by the National Fire Protection Association.
 (f)  A fire department is not required to offer an annual
 occupational medical examination under this section if the fire
 department submits an annual medical examination plan to the Texas
 Commission on Fire Protection by February 1 of each year. The plan
 must be endorsed by a physician and be in substantial compliance
 with standards developed by the National Fire Protection
 Association. The commission shall adopt rules to implement this
 subsection.
 SECTION 2.  As soon as practicable after the effective date
 of this Act but not later than January 1, 2025, the Texas Commission
 on Fire Protection shall adopt rules as required by Sections
 180.010(e) and (f), Local Government Code, as added by this Act.
 SECTION 3.  A fire department is not required to comply with
 Section 180.010, Local Government Code, as added by this Act, until
 February 1, 2025.
 SECTION 4.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution. If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.