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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of certain political subdivisions for |
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certain workers' compensation claims and actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 607.055, Government Code, is amended to |
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read as follows: |
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Sec. 607.055. CANCER. (a) A firefighter or emergency |
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medical technician who suffers from cancer resulting in death or |
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total or partial disability is presumed to have developed the |
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cancer during the course and scope of employment as a firefighter or |
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emergency medical technician if: |
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(1) the firefighter or emergency medical technician: |
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(A) regularly responded on the scene to calls |
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involving fires or fire fighting; or |
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(B) regularly responded to an event involving the |
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documented release of radiation or a known or suspected carcinogen |
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while the person was employed as a firefighter or emergency medical |
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technician; and |
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(2) the cancer is [known to be associated with fire
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fighting or exposure to heat, smoke, radiation, or a known or
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suspected carcinogen, as] described by Subsection (b). |
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(b) This section applies only to: |
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(1) cancer that originates at the stomach, colon, |
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rectum, skin, prostate, testis, or brain; |
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(2) non-Hodgkin's lymphoma; |
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(3) multiple myeloma; |
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(4) malignant melanoma; and |
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(5) renal cell carcinoma [a type of cancer that may be
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caused by exposure to heat, smoke, radiation, or a known or
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suspected carcinogen as determined by the International Agency for
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Research on Cancer]. |
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SECTION 2. Section 504.053(e), Labor Code, is amended to |
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read as follows: |
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(e) Nothing in this chapter waives sovereign immunity or |
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creates a new cause of action, except that a political subdivision |
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that self-insures either individually or collectively is liable |
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for: |
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(1) sanctions, administrative penalties, and other |
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remedies authorized under Chapter 415; |
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(2) attorney's fees as provided by Section 408.221(c); |
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and |
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(3) attorney's fees as provided by Section 417.003. |
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SECTION 3. Subchapter D, Chapter 504, Labor Code, is |
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amended by adding Section 504.074 to read as follows: |
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Sec. 504.074. SELF-INSURANCE ACCOUNT FOR CERTAIN DEATH |
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BENEFITS. (a) A pool or a political subdivision that self-insures |
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may establish an account for the payment of death benefits for a |
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compensable injury to a firefighter or emergency medical technician |
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described by Section 607.055, Government Code. |
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(b) An account established under this section may |
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accumulate assets in an amount that the pool or political |
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subdivision, in its sole discretion, determines is necessary in |
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order to pay death benefits described by Subsection (a). The |
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establishment of an account under this section or the amount of |
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assets accumulated in the account does not affect the liability of a |
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pool or political subdivision for the payment of death benefits. |
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(c) Chapter 2256, Government Code, does not apply to the |
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investment of assets in an account established under this section. |
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A pool or political subdivision investing or reinvesting the assets |
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of an account shall exercise the judgment and care, under the |
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circumstances, that a person of prudence, discretion, and |
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intelligence would exercise in the management of the person's own |
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affairs, considering the probable income to be derived and the |
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probable safety of capital. A determination of whether the pool or |
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political subdivision exercised prudence in making an investment |
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decision shall be made by considering the investment of all assets |
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of the account rather than by considering the prudence of a single |
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investment. |
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SECTION 4. (a) For purposes of this section, "division" |
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means the division of workers' compensation of the Texas Department |
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of Insurance. |
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(b) The division shall conduct a study on the costs that a |
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political subdivision would incur if: |
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(1) the political subdivision, for the purpose of |
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paying workers' compensation benefits, becomes a self-insurer or |
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enters into an agreement with another political subdivision to |
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collectively self-insure; and |
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(2) the legislature amends Chapter 607, Government |
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Code, to extend to peace officers the presumptions applicable to |
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firefighters and emergency medical technicians under that chapter. |
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(c) In conducting the study, the division shall seek |
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information and comments from interested persons who have knowledge |
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about the subjects of the study. |
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(d) Not later than December 15, 2020, the division shall |
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submit a report containing the division's findings and conclusions |
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based on the study conducted under this section to the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committees of the senate and the house of representatives |
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with jurisdiction over insurance, local government, or local |
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government finance. |
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SECTION 5. Section 607.055, Government Code, as amended by |
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this Act, applies only to a claim for workers' compensation |
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benefits filed on or after the effective date of this Act. A claim |
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filed before that date is governed by the law as it existed on the |
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date the claim was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 6. (a) Section 504.053(e)(1), Labor Code, as added |
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by this Act, applies only to an administrative violation that |
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occurs on or after the effective date of this Act. An |
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administrative violation that occurs before the effective date of |
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this Act is governed by the law applicable to the violation |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) Section 504.053(e)(2), Labor Code, as added by this Act, |
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applies only to a claim for workers' compensation benefits filed on |
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or after the effective date of this Act. A claim filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the claim was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |