88R2724 SCP-F     By: Canales H.B. No. 2315       A BILL TO BE ENTITLED   AN ACT   relating to certain presumptions applicable to claims for benefits   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 presumptions [presumption] under Sections 607.053   and [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 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, 2023.