HB2387 - Relating to the entitlement to benefits for chaplains employed by certain fire departments, police departments, and other law enforcement agencies.

  89R8159 RDS-D     By: Leo Wilson H.B. No. 2387       A BILL TO BE ENTITLED   AN ACT   relating to the entitlement to benefits for chaplains employed by   certain fire departments, police departments, and other law   enforcement agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 607.001, Government Code, is amended to   read as follows:          Sec. 607.001.  DEFINITION.  In this chapter, "public safety   employee" means a peace officer, fire fighter, detention officer,   county jailer, or emergency medical services employee of this state   or a political subdivision of this state.   For purposes of this   section, the term includes a chaplain as that term is defined by   Section 607.051.          SECTION 2.  Section 607.051, Government Code, is amended by   adding Subdivision (5) to read as follows:                 (5)     "Chaplain" means an individual who is employed or   formally designated as a chaplain for:                       (A)     an organized volunteer firefighting unit or   other fire department of this state or of a political subdivision of   this state; or                       (B)     a law enforcement agency of this state or of a   political subdivision of this state.          SECTION 3.  Sections 607.052(a), (b), (e), (g), and (h),   Government Code, are amended to read as follows:          (a)  Notwithstanding any other law, this subchapter applies   only to a chaplain, detention officer, custodial officer,   firefighter, peace officer, or emergency medical technician who:                (1)  on becoming employed or during employment as a   chaplain, detention officer, custodial officer, firefighter, peace   officer, 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 chaplain,   firefighter, peace officer, or emergency medical technician,   except for the presumption under former Section 607.0545; and                (3)  seeks benefits or compensation for a disease or   illness covered by this subchapter that is discovered during   employment as a chaplain, detention officer, custodial officer,   firefighter, peace officer, 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 chaplain, detention officer, custodial   officer, firefighter, peace officer, 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 chaplain, firefighter, peace officer, or   emergency medical technician is or has been a user of tobacco; or                      (B)  the chaplain's, firefighter's, peace   officer's, or emergency medical technician's spouse has, during the   marriage, been a user of tobacco that is consumed through smoking.          (e)  A chaplain, detention officer, custodial officer,   firefighter, peace officer, or emergency medical technician who   uses a presumption established under this subchapter is entitled   only to the benefits or compensation to which the chaplain,   detention officer, custodial officer, firefighter, peace officer,   or emergency medical technician would otherwise be entitled to   receive at the time the claim for benefits or compensation is filed.          (g)  This subchapter applies to a chaplain, detention   officer, custodial officer, firefighter, peace officer, or   emergency medical technician who provides services as an employee   of an entity created by an interlocal agreement.          (h)  Subsection (b)(4) only prevents the application of the   presumption authorized by this subchapter and does not affect the   right of a chaplain, firefighter, peace officer, or emergency   medical technician to provide proof, without the use of that   presumption, that an injury or illness occurred during the course   and scope of employment.          SECTION 4.  Sections 607.053(a), (c), and (d), Government   Code, are amended to read as follows:          (a)  A chaplain, firefighter, peace officer, or emergency   medical technician is presumed to have suffered a disability or   death during the course and scope of employment if the chaplain,   firefighter, peace officer, or emergency medical technician:                (1)  received preventative immunization against   smallpox, or another disease to which the chaplain, firefighter,   peace officer, or emergency medical technician may be exposed   during the course and scope of employment and for which   immunization is possible; and                (2)  suffered death or total or partial disability as a   result of the immunization.          (c)  A presumption established under Subsection (a) may not   be rebutted by evidence that the immunization was:                (1)  not required by the employer;                (2)  not required by law; or                (3)  received voluntarily or with the consent of the   chaplain, firefighter, peace officer, or emergency medical   technician.          (d)  A chaplain, firefighter, peace officer, or emergency   medical technician who suffers from smallpox that results in death   or total or partial disability is presumed to have contracted the   disease during the course and scope of employment as a chaplain,   firefighter, peace officer, or emergency medical technician.          SECTION 5.  Section 607.054, Government Code, is amended to   read as follows:          Sec. 607.054.  TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS.     (a)  A chaplain, firefighter, peace officer, or emergency medical   technician who suffers from tuberculosis, or any other disease or   illness of the lungs or respiratory tract that has a statistically   positive correlation with service as a chaplain, firefighter, peace   officer, or emergency medical technician, that results in death or   total or partial disability is presumed to have contracted the   disease or illness during the course and scope of employment as a   chaplain, firefighter, peace officer, or emergency medical   technician.          (b)  This section does not apply to a claim that a chaplain,   firefighter, peace officer, or emergency medical technician   suffers from severe acute respiratory syndrome coronavirus 2   (SARS-CoV-2) or coronavirus disease 2019 (COVID-19).          SECTION 6.  Section 607.056(a), Government Code, is amended   to read as follows:          (a)  A chaplain, firefighter, peace officer, or emergency   medical technician who suffers an acute myocardial infarction or   stroke resulting in disability or death is presumed to have   suffered the disability or death during the course and scope of   employment as a chaplain, firefighter, peace officer, or emergency   medical technician if:                (1)  while on duty, the chaplain, firefighter, peace   officer, or emergency medical technician:                      (A)  was engaged in a situation that involved   nonroutine stressful or strenuous physical activity involving fire   suppression, rescue, hazardous material response, emergency   medical services, or other emergency response activity; or                      (B)  participated in a training exercise that   involved nonroutine stressful or strenuous physical activity; and                (2)  the acute myocardial infarction or stroke occurred   while the chaplain, firefighter, peace officer, or emergency   medical technician was engaging in the activity described under   Subdivision (1).          SECTION 7.  Section 607.057, Government Code, is amended to   read as follows:          Sec. 607.057.  EFFECT OF PRESUMPTION.  Except as provided by   Section 607.052(b), a presumption established under this   subchapter applies to a determination of whether a chaplain's,   detention officer's, custodial officer's, firefighter's, peace   officer's, or emergency medical technician's disability or death   resulted from a disease or illness contracted in the course and   scope of employment for purposes of benefits or compensation   provided under another employee benefit, law, or plan, including a   pension plan.          SECTION 8.  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, [ 607.0545, ] 607.055, or 607.056 or   former Section 607.0545 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   chaplain, detention officer, custodial officer, firefighter, peace   officer, or emergency medical technician was a substantial factor   in bringing about the individual's disease or illness, without   which the disease or illness would not have occurred.          (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 chaplain, detention officer, custodial officer,   firefighter, peace officer, or emergency medical technician was a   substantial factor in bringing about the individual's disease or   illness, without which the disease or illness would not have   occurred.          (c)  In addressing an argument based on a rebuttal offered   under this section, an administrative law judge shall make findings   of fact and conclusions of law that consider whether a qualified   expert, relying on evidence-based medicine, stated the opinion   that, based on reasonable medical probability, an identified risk   factor, accident, hazard, or other cause not associated with the   individual's service as a chaplain, detention officer, custodial   officer, firefighter, peace officer, or emergency medical   technician was a substantial factor in bringing about the   individual's disease or illness, without which the disease or   illness would not have occurred.          SECTION 9.  Sections 504.019(b) and (c), Labor Code, are   amended to read as follows:          (b)  Post-traumatic stress disorder suffered by a firs [Text truncated for display. 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