Bill Text: TX HB306 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of an open burn pit registry for certain service members and veterans.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB306 Detail]
Download: Texas-2019-HB306-Comm_Sub.html
Bill Title: Relating to the creation of an open burn pit registry for certain service members and veterans.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2019-05-24 - Effective on 9/1/19 [HB306 Detail]
Download: Texas-2019-HB306-Comm_Sub.html
86R16308 KKR-D | |||
By: Herrero, Price, Lozano, Miller, Blanco, | H.B. No. 306 | ||
et al. | |||
Substitute the following for H.B. No. 306: | |||
By: Flynn | C.S.H.B. No. 306 |
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relating to the creation of an open burn pit registry for certain | ||
service members and veterans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Service Member and | ||
Veteran Open Burn Pit Registry Act. | ||
SECTION 2. Subtitle D, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 99 to read as follows: | ||
CHAPTER 99. OPEN BURN PIT REGISTRY | ||
Sec. 99.001. DEFINITIONS. In this chapter: | ||
(1) "Airborne hazard" means an airborne environmental | ||
contaminant, including open burn pit smoke, oil well fire smoke, | ||
sand, dust, or other particles, that may cause short-term or | ||
long-term health effects to a person exposed to the contaminant. | ||
(2) "Open burn pit," also known as an "open air burn | ||
pit," means a site used for solid waste disposal by burning the | ||
waste in the outdoor air without the use of a commercially | ||
manufactured incinerator or other equipment specifically designed | ||
and manufactured for burning solid waste. | ||
(3) "Service member" means an individual who is | ||
currently serving in: | ||
(A) the armed forces of the United States; | ||
(B) an auxiliary service of one of the armed | ||
forces of the United States, including the National Guard; or | ||
(C) the state military forces as defined by | ||
Section 431.001, Government Code. | ||
(4) "Veteran" means an individual who served in: | ||
(A) the armed forces of the United States; | ||
(B) an auxiliary service of one of the armed | ||
forces of the United States, including the National Guard; or | ||
(C) the state military forces as defined by | ||
Section 431.001, Government Code. | ||
Sec. 99.002. RULES; MEMORANDUM OF UNDERSTANDING. (a) The | ||
executive commissioner shall adopt the rules necessary to | ||
administer this chapter and may enter into a memorandum of | ||
understanding with the United States Department of Veterans Affairs | ||
as necessary to administer this chapter. | ||
(b) A memorandum of understanding entered into under | ||
Subsection (a) must ensure that the United States Department of | ||
Veterans Affairs will maintain the confidentiality of a service | ||
member or veteran's personally identifying information that is | ||
submitted by the department to the Department of Veterans Affairs | ||
under this chapter. | ||
Sec. 99.003. OPEN BURN PIT REGISTRY. (a) For outreach and | ||
education related to exposure to open burn pit smoke or other | ||
airborne hazards by service members and veterans in this state, the | ||
department shall create and maintain an open burn pit registry of | ||
service members and veterans who were exposed to open burn pit smoke | ||
or other airborne hazards during their military service in: | ||
(1) the Southwest Asia theater of operations on or | ||
after August 2, 1990; | ||
(2) Operation Desert Shield or Desert Storm; | ||
(3) Djibouti, Africa, on or after September 11, 2001; | ||
(4) Operation Enduring Freedom, Iraqi Freedom, or New | ||
Dawn; or | ||
(5) any other conflict or theater identified by the | ||
United States Department of Veterans Affairs. | ||
(b) The department shall include for each entry in the open | ||
burn pit registry: | ||
(1) the service member's or veteran's name, address, | ||
phone number, and electronic address; | ||
(2) the location of the service member's or veteran's | ||
service and the period of service; | ||
(3) any medical condition or death of the service | ||
member or veteran that may be related to exposure to open burn pit | ||
smoke or other airborne hazards; and | ||
(4) any other information that the department or the | ||
United States Department of Veterans Affairs considers necessary. | ||
(c) The department shall: | ||
(1) share the information included in the department's | ||
open burn pit registry with the United States Department of | ||
Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and | ||
(2) electronically link the open burn pit registry | ||
created under this chapter with the federal registry. | ||
Sec. 99.004. VOLUNTARY REGISTRATION. A service member or | ||
veteran described by Section 99.003, or a family member of that | ||
service member or veteran, may voluntarily register a case of | ||
exposure to open burn pit smoke or other airborne hazards with the | ||
department for inclusion in the registry. | ||
Sec. 99.005. CONFIDENTIALITY. Entries and information | ||
obtained under this chapter are confidential and are not subject to | ||
disclosure under Chapter 552, Government Code, are not subject to | ||
subpoena, and may not otherwise be released or made public except to | ||
the United States Department of Veterans Affairs as provided by | ||
Section 99.003. | ||
Sec. 99.006. OPEN BURN PIT INFORMATION. The department, | ||
with the assistance of the Texas Veterans Commission, shall develop | ||
and include on its Internet website information to inform service | ||
members, veterans, and their families about the: | ||
(1) registration and use of the department's open burn | ||
pit registry and the United States Department of Veterans Affairs | ||
Airborne Hazards and Open Burn Pit Registry; | ||
(2) most recent scientific developments on the health | ||
effects of exposure to open burn pit smoke and other airborne | ||
hazards and the status of any illness or condition that is presumed | ||
to be caused by exposure to open burn pit smoke or other airborne | ||
hazards as designated by the United States Department of Veterans | ||
Affairs; | ||
(3) availability of any treatment offered by the | ||
United States Department of Veterans Affairs for an illness or | ||
condition that may be caused by exposure to open burn pit smoke or | ||
other airborne hazards; | ||
(4) process for applying to the United States | ||
Department of Veterans Affairs for service-related disability | ||
compensation for an illness or condition that may be related to | ||
exposure to open burn pit smoke or other airborne hazards, | ||
including the methods for documenting the illness or condition; and | ||
(5) manner of appealing to the United States | ||
Department of Veterans Affairs an existing service-related | ||
disability rating decision or requesting an increased | ||
service-related disability rating based on an illness or condition | ||
that may be related to exposure to open burn pit smoke or other | ||
airborne hazards. | ||
Sec. 99.007. REPORT. Not later than December 1 of each | ||
even-numbered year following the creation of the registry, the | ||
department shall submit a report to the appropriate standing | ||
committees of the house of representatives and senate that | ||
includes: | ||
(1) an assessment of the effectiveness of collection | ||
and maintenance of information on the health effects of exposure to | ||
open burn pit smoke and other airborne hazards; and | ||
(2) any recommendation to improve the collection and | ||
maintenance of information about the health effects of exposure to | ||
open burn pit smoke and other airborne hazards. | ||
SECTION 3. (a) Not later than March 1, 2020, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt the rules and enter into any memorandum of understanding | ||
necessary to administer this Act. | ||
(b) Notwithstanding Section 99.007, Health and Safety Code, | ||
as added by this Act, the Department of State Health Services shall | ||
submit an initial report under that section not later than December | ||
1, 2020. | ||
SECTION 4. This Act takes effect September 1, 2019. |