Bill Text: TX HB365 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-09 - Placed on General State Calendar [HB365 Detail]
Download: Texas-2013-HB365-Introduced.html
83R2573 CJC-F | ||
By: Martinez | H.B. No. 365 |
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relating to certain diseases or illnesses suffered by firefighters | ||
and emergency medical technicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.056, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. [ |
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A firefighter 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 firefighter or emergency medical | ||
technician if [ |
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occurred while the firefighter or emergency medical technician was | ||
on duty [ |
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SECTION 2. Subchapter B, Chapter 607, Government Code, is | ||
amended by adding Section 607.0565 to read as follows: | ||
Sec. 607.0565. CERTAIN CONTAGIOUS DISEASES. (a) A | ||
firefighter or emergency medical technician who suffers from | ||
acquired immune deficiency syndrome (AIDS), human immunodeficiency | ||
virus (HIV) infection, hepatitis B, or hepatitis C is presumed to | ||
have contracted the disease or illness during the course and scope | ||
of employment as a firefighter or emergency medical technician if | ||
while on duty the firefighter or emergency medical technician: | ||
(1) regularly responded on the scene to calls | ||
involving exposure to blood or other bodily fluids potentially | ||
containing blood- or fluid-borne pathogens, either directly or in | ||
connection with the use of or exposure to sharps; or | ||
(2) responded to an event involving the documented | ||
release of blood or other bodily fluids known to contain HIV, | ||
hepatitis B virus, or hepatitis C virus. | ||
(b) A firefighter or emergency medical technician who | ||
suffers from methicillin-resistant Staphylococcus aureus is | ||
presumed to have become infected with the bacterium during the | ||
course and scope of employment as a firefighter or emergency | ||
medical technician if while on duty the firefighter or emergency | ||
medical technician responded to an event involving documented | ||
exposure to methicillin-resistant Staphylococcus aureus. | ||
SECTION 3. Section 607.058, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.058. PRESUMPTION REBUTTABLE. A presumption under | ||
Section 607.053, 607.054, 607.055, [ |
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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 or emergency medical | ||
technician caused the individual's disease or illness. | ||
SECTION 4. The changes in law made by this Act apply 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 that date is covered by the law in effect on the date | ||
the claim was made, and that law is continued in effect for that | ||
purpose. | ||
SECTION 5. 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, 2013. |