Bill Text: TX SB2551 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liability, payment, and benefits for certain workers' compensation claims.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2551 Detail]
Download: Texas-2019-SB2551-Introduced.html
Bill Title: Relating to liability, payment, and benefits for certain workers' compensation claims.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB2551 Detail]
Download: Texas-2019-SB2551-Introduced.html
86R26321 KKR-F | ||
By: Hinojosa | S.B. No. 2551 |
|
||
|
||
relating to the liability of certain political subdivisions for | ||
certain workers' compensation claims and actions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 607.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 607.055. CANCER. (a) A firefighter or emergency | ||
medical technician who suffers from cancer resulting in death or | ||
total or partial disability is presumed to have developed the | ||
cancer during the course and scope of employment as a firefighter or | ||
emergency medical technician if: | ||
(1) the firefighter or emergency medical technician: | ||
(A) regularly responded on the scene to calls | ||
involving fires or fire fighting; or | ||
(B) regularly responded to an event involving the | ||
documented release of radiation or a known or suspected carcinogen | ||
while the person was employed as a firefighter or emergency medical | ||
technician; and | ||
(2) the cancer is [ |
||
|
||
|
||
(b) This section applies only to: | ||
(1) cancer that originates at the stomach, colon, | ||
rectum, skin, prostate, testis, or brain; | ||
(2) non-Hodgkin's lymphoma; | ||
(3) multiple myeloma; | ||
(4) malignant melanoma; and | ||
(5) renal cell carcinoma [ |
||
|
||
|
||
|
||
SECTION 2. Section 504.053(e), Labor Code, is amended to | ||
read as follows: | ||
(e) Nothing in this chapter waives sovereign immunity or | ||
creates a new cause of action, except that a political subdivision | ||
that self-insures either individually or collectively is liable | ||
for: | ||
(1) sanctions, administrative penalties, and other | ||
remedies authorized under Chapter 415; | ||
(2) attorney's fees as provided by Section 408.221(c); | ||
and | ||
(3) attorney's fees as provided by Section 417.003. | ||
SECTION 3. Subchapter D, Chapter 504, Labor Code, is | ||
amended by adding Section 504.074 to read as follows: | ||
Sec. 504.074. SELF-INSURANCE ACCOUNT FOR CERTAIN DEATH | ||
BENEFITS. (a) A pool or a political subdivision that self-insures | ||
may establish an account for the payment of death benefits for a | ||
compensable injury to a firefighter or emergency medical technician | ||
described by Section 607.055, Government Code. | ||
(b) An account established under this section may | ||
accumulate assets in an amount that the pool or political | ||
subdivision, in its sole discretion, determines is necessary in | ||
order to pay death benefits described by Subsection (a). The | ||
establishment of an account under this section or the amount of | ||
assets accumulated in the account does not affect the liability of a | ||
pool or political subdivision for the payment of death benefits. | ||
(c) Chapter 2256, Government Code, does not apply to the | ||
investment of assets in an account established under this section. | ||
A pool or political subdivision investing or reinvesting the assets | ||
of an account shall exercise the judgment and care, under the | ||
circumstances, that a person of prudence, discretion, and | ||
intelligence would exercise in the management of the person's own | ||
affairs, considering the probable income to be derived and the | ||
probable safety of capital. A determination of whether the pool or | ||
political subdivision exercised prudence in making an investment | ||
decision shall be made by considering the investment of all assets | ||
of the account rather than by considering the prudence of a single | ||
investment. | ||
SECTION 4. (a) For purposes of this section, "division" | ||
means the division of workers' compensation of the Texas Department | ||
of Insurance. | ||
(b) The division shall conduct a study on the costs that a | ||
political subdivision would incur if: | ||
(1) the political subdivision, for the purpose of | ||
paying workers' compensation benefits, becomes a self-insurer or | ||
enters into an agreement with another political subdivision to | ||
collectively self-insure; and | ||
(2) the legislature amends Chapter 607, Government | ||
Code, to extend to peace officers the presumptions applicable to | ||
firefighters and emergency medical technicians under that chapter. | ||
(c) In conducting the study, the division shall seek | ||
information and comments from interested persons who have knowledge | ||
about the subjects of the study. | ||
(d) Not later than December 15, 2020, the division shall | ||
submit a report containing the division's findings and conclusions | ||
based on the study conducted under this section to the lieutenant | ||
governor, the speaker of the house of representatives, and the | ||
standing committees of the senate and the house of representatives | ||
with jurisdiction over insurance, local government, or local | ||
government finance. | ||
SECTION 5. Section 607.055, Government Code, as amended by | ||
this Act, applies only to a claim for workers' compensation | ||
benefits filed on or after the effective date of this Act. A claim | ||
filed before that date is governed by the law as it existed on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 6. (a) Section 504.053(e)(1), Labor Code, as added | ||
by this Act, applies only to an administrative violation that | ||
occurs on or after the effective date of this Act. An | ||
administrative violation that occurs before the effective date of | ||
this Act is governed by the law applicable to the violation | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
(b) Section 504.053(e)(2), Labor Code, as added by this Act, | ||
applies only to a claim for workers' compensation benefits filed on | ||
or after the effective date of this Act. A claim filed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the claim was filed, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 7. 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, 2019. |