1 | 1 | | By: Landgraf H.B. No. 1306 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to certain claims for benefits or compensation by a |
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9 | 9 | | coroner, medical examiner, or death investigator. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Sections 607.001, 607.002, and 607.003, |
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12 | 12 | | Government Code, are amended to read as follows: |
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13 | 13 | | Sec. 607.001. DEFINITIONS [DEFINITION]. (a) In this |
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14 | 14 | | chapter, "public safety employee" means a peace officer, fire |
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15 | 15 | | fighter, detention officer, county jailer, or emergency medical |
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16 | 16 | | services employee of this state or a political subdivision of this |
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17 | 17 | | state. |
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18 | 18 | | (b) In this subchapter, "death investigation professional" |
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19 | 19 | | means a coroner, medical examiner, or death investigator employed |
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20 | 20 | | by a political subdivision of this state. |
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21 | 21 | | Sec. 607.002. REIMBURSEMENT. A public safety employee or |
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22 | 22 | | death investigation professional who is exposed to a contagious |
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23 | 23 | | disease is entitled to reimbursement from the employing |
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24 | 24 | | governmental entity for reasonable medical expenses incurred in |
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25 | 25 | | treatment for the prevention of the disease if: |
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26 | 26 | | (1) the disease is not an "ordinary disease of life" as |
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27 | 27 | | that term is used in the context of a workers' compensation claim; |
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28 | 28 | | (2) the exposure to the disease occurs during the |
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29 | 29 | | course of the employment; and |
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30 | 30 | | (3) the employee or professional requires |
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31 | 31 | | preventative medical treatment because of exposure to the disease. |
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32 | 32 | | Sec. 607.003. PHYSICIAN OF CHOICE. A public safety |
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33 | 33 | | employee or death investigation professional who is exposed to a |
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34 | 34 | | disease described by Section 607.002 is entitled to be treated for |
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35 | 35 | | the prevention of that disease by the physician of the employee's or |
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36 | 36 | | professional's choice. |
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37 | 37 | | SECTION 2. Section 607.004, Government Code, is amended by |
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38 | 38 | | adding Subsection (a-1) to read as follows: |
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39 | 39 | | (a-1) A death investigation professional is entitled to |
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40 | 40 | | preventative immunization for any disease to which the death |
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41 | 41 | | investigation professional may be exposed in performing the |
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42 | 42 | | professional's duties and for which immunization is possible. |
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43 | 43 | | SECTION 3. Section 615.003, Government Code, is amended to |
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44 | 44 | | read as follows: |
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45 | 45 | | Sec. 615.003. APPLICABILITY. This chapter applies only to |
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46 | 46 | | eligible survivors of the following individuals: |
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47 | 47 | | (1) an individual: |
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48 | 48 | | (A) elected, appointed, or employed as a peace |
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49 | 49 | | officer by the state or a political subdivision of the state under |
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50 | 50 | | Article 2A.001, Code of Criminal Procedure, or other law; or |
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51 | 51 | | (B) employed as a peace officer by a private |
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52 | 52 | | institution of higher education, including a private junior |
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53 | 53 | | college, that is located in this state under Section 51.212, |
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54 | 54 | | Education Code; |
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55 | 55 | | (2) a paid probation officer appointed by the director |
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56 | 56 | | of a community supervision and corrections department who has the |
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57 | 57 | | duties set out in Section 76.002 and the qualifications set out in |
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58 | 58 | | Section 76.005, or who was appointed in accordance with prior law; |
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59 | 59 | | (3) a parole officer employed by the Texas Department |
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60 | 60 | | of Criminal Justice who has the duties set out in Section 508.001 |
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61 | 61 | | and the qualifications set out in Section 508.113 or in prior law; |
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62 | 62 | | (4) a paid jailer; |
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63 | 63 | | (5) a member of an organized police reserve or |
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64 | 64 | | auxiliary unit who regularly assists peace officers in enforcing |
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65 | 65 | | criminal laws; |
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66 | 66 | | (6) a member of the class of employees of the |
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67 | 67 | | correctional institutions division formally designated as |
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68 | 68 | | custodial personnel under Section 615.006 by the Texas Board of |
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69 | 69 | | Criminal Justice or its predecessor in function; |
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70 | 70 | | (7) a jailer or guard of a county jail who is appointed |
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71 | 71 | | by the sheriff and who: |
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72 | 72 | | (A) performs a security, custodial, or |
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73 | 73 | | supervisory function over the admittance, confinement, or |
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74 | 74 | | discharge of prisoners; and |
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75 | 75 | | (B) is certified by the Texas Commission on Law |
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76 | 76 | | Enforcement; |
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77 | 77 | | (8) a juvenile correctional employee of the Texas |
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78 | 78 | | Juvenile Justice Department; |
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79 | 79 | | (9) an employee of the Health and Human Services |
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80 | 80 | | Commission [Department of Aging and Disability Services] or |
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81 | 81 | | Department of State Health Services who: |
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82 | 82 | | (A) works at the department's maximum security |
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83 | 83 | | unit; or |
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84 | 84 | | (B) performs on-site services for the Texas |
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85 | 85 | | Department of Criminal Justice; |
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86 | 86 | | (10) an individual who is employed by the state or a |
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87 | 87 | | political or legal subdivision and is subject to certification by |
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88 | 88 | | the Texas Commission on Fire Protection; |
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89 | 89 | | (11) an individual employed by the state or a |
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90 | 90 | | political or legal subdivision whose principal duties are aircraft |
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91 | 91 | | crash and rescue fire fighting; |
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92 | 92 | | (12) a member of an organized volunteer fire-fighting |
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93 | 93 | | unit that: |
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94 | 94 | | (A) renders fire-fighting services without |
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95 | 95 | | remuneration; and |
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96 | 96 | | (B) conducts a minimum of two drills each month, |
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97 | 97 | | each two hours long; |
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98 | 98 | | (13) an individual who: |
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99 | 99 | | (A) performs emergency medical services or |
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100 | 100 | | operates an ambulance; |
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101 | 101 | | (B) is employed by a political subdivision of the |
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102 | 102 | | state or is an emergency medical services volunteer as defined by |
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103 | 103 | | Section 773.003, Health and Safety Code; and |
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104 | 104 | | (C) is qualified as an emergency care attendant |
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105 | 105 | | or at a higher level of training under Section 773.046, 773.047, |
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106 | 106 | | 773.048, 773.049, or 773.0495, Health and Safety Code; |
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107 | 107 | | (14) an individual who is employed or formally |
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108 | 108 | | designated as a chaplain for: |
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109 | 109 | | (A) an organized volunteer fire-fighting unit or |
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110 | 110 | | other fire department of this state or of a political subdivision of |
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111 | 111 | | this state; |
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112 | 112 | | (B) a law enforcement agency of this state or of a |
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113 | 113 | | political subdivision of this state; or |
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114 | 114 | | (C) the Texas Department of Criminal Justice; |
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115 | 115 | | (15) an individual who is employed by the state or a |
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116 | 116 | | political subdivision of the state and who is considered by the |
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117 | 117 | | governmental employer to be a trainee for a position otherwise |
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118 | 118 | | described by this section; |
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119 | 119 | | (16) an individual who is employed by the Department |
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120 | 120 | | of Public Safety and, as certified by the director, is: |
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121 | 121 | | (A) deployed into the field in direct support of |
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122 | 122 | | a law enforcement operation, including patrol, investigative, |
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123 | 123 | | search and rescue, crime scene, on-site communications, or special |
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124 | 124 | | operations; and |
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125 | 125 | | (B) given a special assignment in direct support |
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126 | 126 | | of operations relating to organized crime, criminal interdiction, |
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127 | 127 | | border security, counterterrorism, intelligence, traffic |
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128 | 128 | | enforcement, emergency management, regulatory services, or special |
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129 | 129 | | investigations; [or] |
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130 | 130 | | (17) an individual who is employed by the Parks and |
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131 | 131 | | Wildlife Department and, as certified by the executive director of |
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132 | 132 | | the Parks and Wildlife Department, is: |
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133 | 133 | | (A) deployed into the field in direct support of |
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134 | 134 | | a law enforcement operation, including patrol, investigative, |
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135 | 135 | | search and rescue, crime scene, on-site communications, or special |
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136 | 136 | | operations; and |
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137 | 137 | | (B) given a special assignment in direct support |
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138 | 138 | | of operations relating to organized crime, criminal interdiction, |
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139 | 139 | | border security, counterterrorism, intelligence, traffic |
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140 | 140 | | enforcement, emergency management, regulatory services, or special |
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141 | 141 | | investigations; or |
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142 | 142 | | (18) an individual who is employed by a political |
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143 | 143 | | subdivision of this state as a coroner, medical examiner, or death |
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144 | 144 | | investigator. |
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145 | 145 | | SECTION 4. Section 504.055, Labor Code, is amended to read |
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146 | 146 | | as follows: |
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147 | 147 | | (a) In this section, "first responder" means: |
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148 | 148 | | (1) an individual employed by a political subdivision |
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149 | 149 | | of this state who is: |
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150 | 150 | | (A) a peace officer under Article 2A.001, Code of |
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151 | 151 | | Criminal Procedure; |
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152 | 152 | | (B) a person licensed under Chapter 773, Health |
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153 | 153 | | and Safety Code, as an emergency care attendant, emergency medical |
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154 | 154 | | technician, emergency medical technician-intermediate, emergency |
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155 | 155 | | medical technician-paramedic, or licensed paramedic; or |
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156 | 156 | | (C) a firefighter subject to certification by the |
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157 | 157 | | Texas Commission on Fire Protection under Chapter 419, Government |
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158 | 158 | | Code, whose principal duties are firefighting and aircraft crash |
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159 | 159 | | and rescue; or |
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160 | 160 | | (D) a death investigation professional, as |
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161 | 161 | | defined by Section 607.001, Government Code; or |
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162 | 162 | | SECTION 5. The changes in law made by this Act apply to a |
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163 | 163 | | claim for benefits or compensation pending on or filed on or after |
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164 | 164 | | the effective date of this Act. A claim for benefits or |
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165 | 165 | | compensation filed before that date, other than a claim pending on |
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166 | 166 | | that date, is governed by the law in effect on the date the claim was |
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167 | 167 | | made, and the former law is continued in effect for that purpose. |
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168 | 168 | | SECTION 6. This Act takes effect September 1, 2025. |
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