Bill Text: TX HB1388 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to certain diseases or illnesses suffered by firefighters and emergency medical technicians.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-29 - Effective immediately [HB1388 Detail]
Download: Texas-2015-HB1388-Enrolled.html
| H.B. No. 1388 | ||
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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 607.058, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption | ||
| under Section 607.053, 607.054, 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 or emergency medical | ||
| technician caused the individual's disease or illness. | ||
| (b) A rebuttal offered under this section must include a | ||
| statement by the person offering the rebuttal that describes, in | ||
| detail, the evidence that the person reviewed before making the | ||
| determination that a cause not associated with the individual's | ||
| service as a firefighter or emergency medical technician caused the | ||
| individual's disease or illness. | ||
| SECTION 2. Section 409.022, Labor Code, is amended by | ||
| adding Subsection (d) to read as follows: | ||
| (d) In this subsection, the terms "emergency medical | ||
| technician" and "firefighter" have the meanings assigned by Section | ||
| 607.051, Government Code. In addition to the other requirements of | ||
| this section, if an insurance carrier's notice of refusal to pay | ||
| benefits under Section 409.021 is sent in response to a claim for | ||
| compensation resulting from an emergency medical technician's or a | ||
| firefighter's disability or death for which a presumption is | ||
| claimed to be applicable under Subchapter B, Chapter 607, | ||
| Government Code, the notice must include a statement by the carrier | ||
| that: | ||
| (1) explains why the carrier determined a presumption | ||
| under that subchapter does not apply to the claim for compensation; | ||
| and | ||
| (2) describes the evidence that the carrier reviewed | ||
| in making the determination described by Subdivision (1). | ||
| SECTION 3. 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 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1388 was passed by the House on April | ||
| 28, 2015, by the following vote: Yeas 143, Nays 3, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1388 was passed by the Senate on May | ||
| 15, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
