Canales Bill Narrows Tobacco Rule On Job Cancer Benefit Claims

The text as introduced · 572 words

90R1327 SCF-F

By: Canales
H.B. No. 895

A BILL TO BE ENTITLED

AN ACT

relating to presumptions applicable to benefit claims for certain

public safety employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 607.052(a), (b), and (h), Government

Code, are amended to read as follows:

(a) Notwithstanding any other law, this subchapter applies

only to a detention officer, custodial officer, firefighter, peace

officer, or emergency medical technician who:

(1) on becoming employed or during employment as a

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

firefighter, peace officer, or emergency medical technician,

except for the presumption under Section 607.053 [ 607.0545 ]; and

(3) seeks benefits or compensation for a disease or

illness covered by this subchapter that is discovered during

employment as a 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 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 a cancer listed in Section 607.055 and

known to be caused by the use of tobacco and:

(A) the firefighter[ , peace officer, ] or

emergency medical technician has used a tobacco product in the five

years preceding the diagnosis of the cancer [ is or has been a user

of tobacco ]; or

(B) the firefighter's[ , peace officer's, ] or

emergency medical technician's spouse has, during the marriage,

used a tobacco product that is consumed through smoking in the five

years preceding the diagnosis of the cancer [ been a user of tobacco

that is consumed through smoking ].

(h) Subsection (b)(4) only prevents the application of the

presumption authorized by this subchapter and does not affect the

right of a 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 2. The changes in law made by this Act apply only to

a claim for benefits or compensation brought on or after the

effective date of this Act. A claim for benefits or compensation

brought before the effective date of this Act is governed by the law

in effect on the date the claim was made, and the former law is

continued in effect for that purpose.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2027.