84th Texas Legislature, Regular Session, House Bill 1388, Chapter 224 Page: 1 of 8
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H.B. No. 1388
1 AN ACT
2 relating to certain diseases or illnesses suffered by firefighters
3 and emergency medical technicians.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Section 607.058, Government Code, is amended to
6 read as follows:
7 Sec. 607.058. PRESUMPTION REBUTTABLE. (a) A presumption
8 under Section 607.053, 607.054, 607.055, or 607.056 may be rebutted
9 through a showing by a preponderance of the evidence that a risk
10 factor, accident, hazard, or other cause not associated with the
11 individual's service as a firefighter or emergency medical
12 technician caused the individual's disease or illness.
13 (b) A rebuttal offered under this section must include a
14 statement by the person offering the rebuttal that describes, in
15 detail, the evidence that the person reviewed before making the
16 determination that a cause not associated with the individual's
17 service as a firefighter or emergency medical technician caused the
18 individual's disease or illness.
19 SECTION 2. Section 409.022, Labor Code, is amended by
20 adding Subsection (d) to read as follows:
21 (d) In this subsection, the terms "emergency medical
22 technician" and "firefighter" have the meanings assigned by Section
23 607.051, Government Code. In addition to the other requirements of
24 this section, if an insurance carrier's notice of refusal to pay
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Texas. Legislature. House of Representatives. 84th Texas Legislature, Regular Session, House Bill 1388, Chapter 224, legislative document, May 29, 2015; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth704863/m1/1/: accessed January 17, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.