85R10313 YDB-F     By: Hughes S.B. No. 1069       A BILL TO BE ENTITLED   AN ACT   relating to certain claims for benefits or compensation by   survivors of fire fighters.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 615.021, Government Code, is amended by   adding Subsections (d-1), (d-2), and (d-3) to read as follows:          (d-1)  In a determination of whether the survivor of an   individual listed under Section 615.003(10), (11), or (12) is   eligible for the payment of assistance under this chapter, the   opinion of the individual's employer on whether the individual's   death resulted from a personal injury sustained in the line of duty   may not be considered.          (d-2)  In a determination on the payment of assistance under   Subsection (d) to a survivor of an individual listed under Section   615.003(10), (11), or (12) who died as a result of an illness   sustained in the line of duty, any reasonable doubt arising from the   circumstances of the individual's death shall be resolved in favor   of payment if scientific evidence is presented that establishes:                (1)  the incidence rate for the individual's illness is   statistically significantly higher among persons performing the   same job duties as the individual compared to the incidence rate of   the illness for the general population; or                (2)  a causal link between the individual's illness and   a hazardous condition encountered by the individual in performing   the individual's job duties.          (d-3)  If an individual listed under Section 615.003(10),   (11), or (12) died as a result of a newly discovered or rare illness   for which the scientific evidence described in Subsection (d-2)   does not exist, deference shall be given to the medical opinion of   the individual's treating physician to resolve in favor of the   payment of assistance under Subsection (d) any reasonable doubt   regarding the circumstances of the individual's death as a result   of an illness sustained in the line of duty.          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 that date is covered by the law in effect on the date   the claim was brought, and that 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, 2017.