88R2616 SCP-F     By: Canales H.B. No. 2317       A BILL TO BE ENTITLED   AN ACT   relating to certain presumptions applicable to claims for benefits   or compensation by public safety employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 607.052(b) and (h), Government Code,   are amended to read as follows:          (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 known to be caused by the use of tobacco   and:                      (A)  the detention officer, firefighter, peace   officer, or emergency medical technician has used a tobacco product   in the five years preceding the diagnosis of the disease or illness   [is or has been a user of tobacco]; or                      (B)  the detention officer's, 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   disease or illness [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 detention officer, 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.  Section 607.056, Government Code, is amended to   read as follows:          Sec. 607.056.  ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A   detention officer, 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 detention officer, firefighter, peace officer, or   emergency medical technician if:                (1)  while on duty, the detention officer, firefighter,   peace officer, or emergency medical technician:                      (A)  was engaged in a situation that involved   [nonroutine] stressful or strenuous physical activity involving   law enforcement, supervision of inmates, 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; or                      (C)  was exposed to smoke, fumes, or toxic   substances; and                (2)  the acute myocardial infarction or stroke occurred   not later than 72 hours after the end of a shift in which [while] the   detention officer, firefighter, peace officer, or emergency   medical technician was engaging in the activity described under   Subdivision (1).          (b)  For purposes of this section, "[nonroutine] stressful   or strenuous physical activity" does not include clerical,   administrative, or nonmanual activities.          SECTION 3.  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 4.  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.