87(R) HB 3816 - Introduced version - Bill Text

	87R4431 MCK-D
	By:  Hunter	H.B.  No.  3816

	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.    The heading for Subchapter B, Chapter 607,
	Government Code, is amended to read as follows:
	SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION
	OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY MEDICAL
	TECHNICIANS
	SECTION  3.    Section 607.051, Government Code, is amended by
	amending Subdivision (1) and adding Subdivision (1-a) to read as
	follows:
	(1)    "Detention officer" means an individual employed
	by a state agency or political subdivision of the state to ensure
	the safekeeping of prisoners and the security of a municipal,
	county, or state penal institution in this state.
	(1-a)    "Disability" means partial or total disability.
	SECTION  4.    Sections 607.052(a), (b), (e), and (g),
	Government Code, are amended to read as follows:
	(a)    Notwithstanding any other law, this subchapter applies
	only to a detention officer, firefighter, peace officer, or
	emergency medical technician who:
	(1)    on becoming employed or during employment as a
	detention officer, firefighter, peace officer, or emergency
	medical technician, received a physical examination that failed to
	reveal evidence of the illness or disease for which benefits or
	compensation are sought using a presumption established by this
	subchapter;
	(2)    is employed for five or more years as a detention
	officer, firefighter, peace officer, or emergency medical
	technician; and
	(3)    seeks benefits or compensation for a disease or
	illness covered by this subchapter that is discovered during
	employment as a detention officer, firefighter, peace officer, or
	emergency medical technician.
	(b)    A presumption under this subchapter does not apply:
	(1)    to a determination of a survivor's eligibility for
	benefits under Chapter 615;
	(2)    in a cause of action brought in a state or federal
	court except for judicial review of a proceeding in which there has
	been a grant or denial of employment-related benefits or
	compensation;
	(3)    to a determination regarding benefits or
	compensation under a life or disability insurance policy purchased
	by or on behalf of the detention officer, firefighter, peace
	officer, or emergency medical technician that provides coverage in
	addition to any benefits or compensation required by law; or
	(4)    if the disease or illness for which benefits or
	compensation is sought is known to be caused by the use of tobacco
	and:
	(A)    the firefighter, peace officer, or emergency
	medical technician is or has been a user of tobacco; or
	(B)    the firefighter's, peace officer's, or
	emergency medical technician's spouse has, during the marriage,
	been a user of tobacco that is consumed through smoking.
	(e)    A detention officer, firefighter, peace officer, or
	emergency medical technician who uses a presumption established
	under this subchapter is entitled only to the benefits or
	compensation to which the detention officer, firefighter, peace