Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,593
2507-3760 p. ; 24 cm.View a full description of this legislative document.
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SUBCHAPTER A. CONTAGIOUS DISEASES
SECTION 3. Chapter 607, Government Code, is amended by adding
Subchapter B to read as follows:
SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY
FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS
Sec. 607.051. DEFINITIONS. In this subchapter:
(1) "Disability" means partial or total disability.
(2) "Emergency medical technician" means an individual who is certified as
an emergency medical technician by the Department of State Health Services as
provided by Chapter 773, Health and Safety Code, and who is employed by a political
subdivision.
(3) "Firefighter" means:
(A) an individual who is defined as fire protection personnel under
Section 419.021; or
(B) an individual who is a volunteer firefighter certified by the Texas
Commission on Fire Protection or the State Firemen's and Fire Marshals' Association
of Texas.
Sec. 607.052. APPLICABILITY. (a) Notwithstanding any other law, this
subchapter applies only to a firefighter or emergency medical technician who:
(1) on becoming employed or during employment as a firefighter or
emergency medical technician, received a physical examination that failed to reveal
evidence of the illness or disease for which benefits or compensation are sought using
a presumption established by this subchapter;
(2) is employed for five or more years as a firefighter or emergency medical
technician; and
(3) seeks benefits or compensation for a disease or illness covered by this
subchapter that is discovered during employment as a firefighter or emergency
medical technician.
(b) A presumption under this subchapter does not apply:
(1) to a determination of a survivor's eligibility for benefits under Chapter
615;
(2) in a cause of action brought in a state or federal court except for judicial
review of a proceeding in which there has been a grant or denial of
employment-related benefits or compensation;
(3) to a determination regarding benefits or compensation under a life or
disability insurance policy purchased by or on behalf of the firefighter or emergency
medical technician that provides coverage in addition to any benefits or compensation
required by law; or
(4) if the disease or illness for which benefits or compensation is sought is
known to be caused by the use of tobacco and:
(A) the firefighter or emergency medical technician is or has been a
user of tobacco; or
(B) the firefighter's or emergency medical technician's spouse has,
during the marriage, been a user of tobacco that is consumed through smoking.
(c) This subchapter does not create a cause of action.Friday, May 20, 2005
SENATE JOURNAL
2593
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/91/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.