By: Landgraf H.B. No. 1306
A BILL TO BE ENTITLED
AN ACT
relating to certain claims for benefits or compensation by a
coroner, medical examiner, or death investigator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 607.001, 607.002, and 607.003,
Government Code, are amended to read as follows:
Sec. 607.001. DEFINITIONS [DEFINITION]. (a) In this
chapter, "public safety employee" means a peace officer, fire
fighter, detention officer, county jailer, or emergency medical
services employee of this state or a political subdivision of this
state.
(b) In this subchapter, "death investigation professional"
means a coroner, medical examiner, or death investigator employed
by a political subdivision of this state.
Sec. 607.002. REIMBURSEMENT. A public safety employee or
death investigation professional who is exposed to a contagious
disease is entitled to reimbursement from the employing
governmental entity for reasonable medical expenses incurred in
treatment for the prevention of the disease if:
(1) the disease is not an "ordinary disease of life" as
that term is used in the context of a workers' compensation claim;
(2) the exposure to the disease occurs during the
course of the employment; and
(3) the employee or professional requires
preventative medical treatment because of exposure to the disease.
Sec. 607.003. PHYSICIAN OF CHOICE. A public safety
employee or death investigation professional who is exposed to a
disease described by Section 607.002 is entitled to be treated for
the prevention of that disease by the physician of the employee's or
professional's choice.
SECTION 2. Section 607.004, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A death investigation professional is entitled to
preventative immunization for any disease to which the death
investigation professional may be exposed in performing the
professional's duties and for which immunization is possible.
SECTION 3. Section 615.003, Government Code, is amended to
read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual:
(A) elected, appointed, or employed as a peace
officer by the state or a political subdivision of the state under
Article 2A.001, Code of Criminal Procedure, or other law; or
(B) employed as a peace officer by a private
institution of higher education, including a private junior
college, that is located in this state under Section 51.212,
Education Code;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the Texas Department
of Criminal Justice who has the duties set out in Section 508.001
and the qualifications set out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions division formally designated as
custodial personnel under Section 615.006 by the Texas Board of
Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Texas Commission on Law
Enforcement;
(8) a juvenile correctional employee of the Texas
Juvenile Justice Department;
(9) an employee of the Health and Human Services
Commission [Department of Aging and Disability Services] or
Department of State Health Services who:
(A) works at the department's maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code;
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice;
(15) an individual who is employed by the state or a
political subdivision of the state and who is considered by the
governmental employer to be a trainee for a position otherwise
described by this section;
(16) an individual who is employed by the Department
of Public Safety and, as certified by the director, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; [or]
(17) an individual who is employed by the Parks and
Wildlife Department and, as certified by the executive director of
the Parks and Wildlife Department, is:
(A) deployed into the field in direct support of
a law enforcement operation, including patrol, investigative,
search and rescue, crime scene, on-site communications, or special
operations; and
(B) given a special assignment in direct support
of operations relating to organized crime, criminal interdiction,
border security, counterterrorism, intelligence, traffic
enforcement, emergency management, regulatory services, or special
investigations; or
(18) an individual who is employed by a political
subdivision of this state as a coroner, medical examiner, or death
investigator.
SECTION 4. Section 504.055, Labor Code, is amended to read
as follows:
(a) In this section, "first responder" means:
(1) an individual employed by a political subdivision
of this state who is:
(A) a peace officer under Article 2A.001, Code of
Criminal Procedure;
(B) a person licensed under Chapter 773, Health
and Safety Code, as an emergency care attendant, emergency medical
technician, emergency medical technician-intermediate, emergency
medical technician-paramedic, or licensed paramedic; or
(C) a firefighter subject to certification by the
Texas Commission on Fire Protection under Chapter 419, Government
Code, whose principal duties are firefighting and aircraft crash
and rescue; or
(D) a death investigation professional, as
defined by Section 607.001, Government Code; or
SECTION 5. The changes in law made by this Act apply to a
claim for benefits or compensation pending on or filed on or after
the effective date of this Act. A claim for benefits or
compensation filed before that date, other than a claim pending on
that date, is governed by the law in effect on the date the claim was
made, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.