| 1 | 1 | | 89R4296 RDS-F |
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| 2 | 2 | | By: Patterson H.B. No. 331 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain presumptions applicable to claims for benefits |
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| 10 | 10 | | or compensation for certain medical conditions brought by certain |
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| 11 | 11 | | first responders. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 607.056, Government Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A |
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| 16 | 16 | | firefighter, peace officer, or emergency medical technician who |
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| 17 | 17 | | suffers an acute myocardial infarction or stroke resulting in |
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| 18 | 18 | | disability or death is presumed to have suffered the disability or |
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| 19 | 19 | | death during the course and scope of employment as a firefighter, |
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| 20 | 20 | | peace officer, or emergency medical technician if: |
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| 21 | 21 | | (1) while on duty, the firefighter, peace officer, or |
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| 22 | 22 | | emergency medical technician: |
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| 23 | 23 | | (A) was engaged in a situation that involved |
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| 24 | 24 | | [nonroutine] stressful or strenuous physical activity involving |
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| 25 | 25 | | fire suppression, rescue, hazardous material response, emergency |
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| 26 | 26 | | medical services, law enforcement, or other emergency response |
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| 27 | 27 | | activity; or |
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| 28 | 28 | | (B) participated in a training exercise that |
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| 29 | 29 | | involved [nonroutine] stressful or strenuous physical activity; |
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| 30 | 30 | | and |
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| 31 | 31 | | (2) the acute myocardial infarction or stroke occurred |
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| 32 | 32 | | not later than eight hours after the end of a shift in which [while] |
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| 33 | 33 | | the firefighter, peace officer, or emergency medical technician was |
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| 34 | 34 | | engaging in the activity described under Subdivision (1). |
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| 35 | 35 | | (b) For purposes of this section, "[nonroutine] stressful |
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| 36 | 36 | | or strenuous physical activity" does not include clerical, |
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| 37 | 37 | | administrative, or nonmanual activities. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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| 39 | 39 | | a claim for benefits or compensation brought on or after the |
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| 40 | 40 | | effective date of this Act. A claim for benefits or compensation |
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| 41 | 41 | | brought before the effective date of this Act is governed by the law |
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| 42 | 42 | | in effect on the date the claim was made, and the former law is |
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| 43 | 43 | | continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2025. |
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