Bill Text: TX HB2317 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to certain presumptions applicable to claims for benefits or compensation by public safety employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-09 - Referred to Business & Industry [HB2317 Detail]

Download: Texas-2023-HB2317-Introduced.html

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88R2616 SCP-F
By: Canales H.B. No. 2317

A BILL TO BE ENTITLED
AN ACT
relating to certain presumptions applicable to claims for benefits
or compensation by public safety employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 607.052(b) and (h), Government Code,
are amended to read as follows:
(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, custodial 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 detention officer, firefighter, peace
officer, or emergency medical technician has used a tobacco product
in the five years preceding the diagnosis of the disease or illness
[is or has been a user of tobacco]; or
(B) the detention officer's, firefighter's,
peace officer's, or emergency medical technician's spouse has,
during the marriage, used a tobacco product that is consumed
through smoking in the five years preceding the diagnosis of the
disease or illness [been a user of tobacco that is consumed through
smoking].
(h) Subsection (b)(4) only prevents the application of the
presumption authorized by this subchapter and does not affect the
right of a detention officer, firefighter, peace officer, or
emergency medical technician to provide proof, without the use of
that presumption, that an injury or illness occurred during the
course and scope of employment.
SECTION 2. Section 607.056, Government Code, is amended to
read as follows:
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A
detention officer, firefighter, peace officer, or emergency
medical technician who suffers an acute myocardial infarction or
stroke resulting in disability or death is presumed to have
suffered the disability or death during the course and scope of
employment as a detention officer, firefighter, peace officer, or
emergency medical technician if:
(1) while on duty, the detention officer, firefighter,
peace officer, or emergency medical technician:
(A) was engaged in a situation that involved
[nonroutine] stressful or strenuous physical activity involving
law enforcement, supervision of inmates, fire suppression, rescue,
hazardous material response, emergency medical services, or other
emergency response activity; [or]
(B) participated in a training exercise that
involved [nonroutine] stressful or strenuous physical activity; or
(C) was exposed to smoke, fumes, or toxic
substances; and
(2) the acute myocardial infarction or stroke occurred
not later than 72 hours after the end of a shift in which [while] the
detention officer, firefighter, peace officer, or emergency
medical technician was engaging in the activity described under
Subdivision (1).
(b) For purposes of this section, "[nonroutine] stressful
or strenuous physical activity" does not include clerical,
administrative, or nonmanual activities.
SECTION 3. The changes in law made by this Act apply only to
a claim for benefits or compensation brought on or after the
effective date of this Act. A claim for benefits or compensation
brought before the effective date of this Act 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.