87(R) SB 527 - Introduced version - Bill Text

	87R2830 MCK-D
	By:  Springer	S.B.  No.  527

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	A BILL TO BE ENTITLED
	AN ACT
	relating to certain claims for benefits, compensation, or
	assistance by certain public safety employees and survivors of
	certain public safety employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 607.002, Government Code, is amended to
	read as follows:
	Sec.  607.002.    REIMBURSEMENT. (a) A public safety employee
	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 requires preventative medical
	treatment because of exposure to the disease.
	(b)    For purposes of this section, a disease is not an
	"ordinary disease of life" if the disease is the basis for a
	disaster declared by the governor under Section 418.014 for all or
	part of the state.
	SECTION  2.    Subchapter B, Chapter 607, Government Code, is
	amended by adding Section 607.0545 to read as follows:
	Sec.  607.0545.    DISEASES THAT CAUSE A DISASTER DECLARATION.
	A firefighter, peace officer, or emergency medical technician who
	contracts a disease that is the basis for a disaster declared by the
	governor under Section 418.014 for all or part of the state that
	results in death or total or partial disability is presumed to have
	contracted the disease during the course and scope of employment as
	a firefighter, peace officer, or emergency medical technician.
	SECTION  3.    Section 607.058(a), Government Code, is amended
	to read as follows:
	(a)    A presumption under Section 607.053, 607.054, 607.0545,
	607.055, or 607.056 may be rebutted through a showing by a
	preponderance of the evidence that a risk factor, accident, hazard,
	or other cause not associated with the individual's service as a
	firefighter, peace officer, or emergency medical technician was a
	substantial factor in bringing about the individual's disease or
	illness, without which the disease or illness would not have
	occurred.
	SECTION  4.    Section 615.021(e)(1), Government Code, is
	amended to read as follows:
	(1)    "Personal injury" means an injury resulting from:
	(A)    an external force, an activity, or a disease
	caused by or resulting from:
	(i)  [(A)]    a line-of-duty accident; or
	(ii)  [(B)]    an illness caused by
	line-of-duty work under hazardous conditions; or
	(B)    a disease that is the basis for a disaster
	declared by the governor under Section 418.014 for all or part of
	the state.
	SECTION  5.    Subchapter B, Chapter 615, Government Code, is
	amended by adding Section 615.0211 to read as follows:
	Sec.  615.0211.    PRESUMPTION OF LINE-OF-DUTY INJURY. (a) In
	this section, "line of duty"  has the meaning assigned by Section
	615.021.
	(b)    An individual listed under Section 615.003 who suffers a
	personal injury resulting from a disease that is the basis for a
	disaster declared by the governor under Section 418.014 for all or
	part of the state is presumed to have sustained the injury in the
	line of duty in the individual's position as described by Section
	615.003.
	SECTION  6.    Section 615.072(c)(1), Government Code, is
	amended to read as follows:
	(1)    "Personal injury" means an injury resulting from:
	(A)    an external force, an activity, or a disease
	caused by or resulting from:
	(i)  [(A)]    a line-of-duty accident; or
	(ii)  [(B)]    an illness caused by
	line-of-duty work under hazardous conditions; or
	(B)    a disease that is the basis for a disaster
	declared by the governor under Section 418.014 for all or part of
	the state.