By: Landgraf, Holt H.B. No. 1306       A BILL TO BE ENTITLED   AN ACT   relating to certain claims for benefits or compensation by a death   investigation professional.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 607.001, 607.002, and 607.003,   Government Code, are amended to read as follows:          Sec. 607.001.  DEFINITIONS [DEFINITION]. (a) 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.          (b)  In this subchapter:                (1)  "Death investigation professional" means:                      (A)  a justice of the peace;                      (B)  a death investigator employed under Article   49.23, Code of Criminal Procedure; or                      (C)  a medical examiner or an employee of the   medical examiner's office employed under Section 3, Article 49.25,   Code of Criminal Procedure.                (2)  "Inquest" has the meaning assigned by Article   49.01, Code of Criminal Procedure.          Sec. 607.002.  REIMBURSEMENT. (a)  A public safety employee   or death investigation professional who is exposed to a contagious   disease is entitled to reimbursement [from the employing   governmental entity] for reasonable medical expenses incurred in   treatment for the prevention of the disease if:                (1)  the disease is not an "ordinary disease of life" as   that term is used in the context of a workers' compensation claim;                (2)  the exposure to the disease occurs:                      (A)  during the course of the employment for a   public safety employee; or                      (B)  while conducting or assisting in an inquest   for a death investigation professional; and                (3)  the employee or professional requires   preventative medical treatment because of exposure to the disease.          (b)  The governmental entity that employs the public safety   employee is responsible for reimbursing the employee for medical   expenses described by Subsection (a).          (c)  The county served by the death investigation   professional is responsible for reimbursing the professional for   medical expenses described by Subsection (a).          Sec. 607.003.  PHYSICIAN OF CHOICE. A public safety   employee or death investigation professional who is exposed to a   disease described by Section 607.002 is entitled to be treated for   the prevention of that disease by the physician of the employee's or   professional's choice.          SECTION 2.  Section 607.004, Government Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A death investigation professional is entitled to   preventative immunization for any disease to which the death   investigation professional may be exposed in conducting or   assisting in an inquest and for which immunization is possible.          SECTION 3.  Section 615.003, Government Code, is amended to   read as follows:          Sec. 615.003.  APPLICABILITY.  This chapter applies only to   eligible survivors of the following individuals:                (1)  an individual:                      (A)  elected, appointed, or employed as a peace   officer by the state or a political subdivision of the state under   Article 2A.001, Code of Criminal Procedure, or other law; or                      (B)  employed as a peace officer by a private   institution of higher education, including a private junior   college, that is located in this state under Section 51.212,   Education Code;                (2)  a paid probation officer appointed by the director   of a community supervision and corrections department who has the   duties set out in Section 76.002 and the qualifications set out in   Section 76.005, or who was appointed in accordance with prior law;                (3)  a parole officer employed by the Texas Department   of Criminal Justice who has the duties set out in Section 508.001   and the qualifications set out in Section 508.113 or in prior law;                (4)  a paid jailer;                (5)  a member of an organized police reserve or   auxiliary unit who regularly assists peace officers in enforcing   criminal laws;                (6)  a member of the class of employees of the   correctional institutions division formally designated as   custodial personnel under Section 615.006 by the Texas Board of   Criminal Justice or its predecessor in function;                (7)  a jailer or guard of a county jail who is appointed   by the sheriff and who:                      (A)  performs a security, custodial, or   supervisory function over the admittance, confinement, or   discharge of prisoners; and                      (B)  is certified by the Texas Commission on Law   Enforcement;                (8)  a juvenile correctional employee of the Texas   Juvenile Justice Department;                (9)  an employee of the Health and Human Services   Commission [Department of Aging and Disability Services] or   Department of State Health Services who:                      (A)  works at the department's maximum security   unit; or                      (B)  performs on-site services for the Texas   Department of Criminal Justice;                (10)  an individual who is employed by the state or a   political or legal subdivision and is subject to certification by   the Texas Commission on Fire Protection;                (11)  an individual employed by the state or a   political or legal subdivision whose principal duties are aircraft   crash and rescue fire fighting;                (12)  a member of an organized volunteer fire-fighting   unit that:                      (A)  renders fire-fighting services without   remuneration; and                      (B)  conducts a minimum of two drills each month,   each two hours long;                (13)  an individual who:                      (A)  performs emergency medical services or   operates an ambulance;                      (B)  is employed by a political subdivision of the   state or is an emergency medical services volunteer as defined by   Section 773.003, Health and Safety Code; and                      (C)  is qualified as an emergency care attendant   or at a higher level of training under Section 773.046, 773.047,   773.048, 773.049, or 773.0495, Health and Safety Code;                (14)  an individual who is employed or formally   designated as a chaplain for:                      (A)  an organized volunteer fire-fighting unit or   other fire department of this state or of a political subdivision of   this state;                      (B)  a law enforcement agency of this state or of a   political subdivision of this state; or                      (C)  the Texas Department of Criminal Justice;                (15)  an individual who is employed by the state or a   political subdivision of the state and who is considered by the   governmental employer to be a trainee for a position otherwise   described by this section;                (16)  an individual who is employed by the Department   of Public Safety and, as certified by the director, is:                      (A)  deployed into the field in direct support of   a law enforcement operation, including patrol, investigative,   search and rescue, crime scene, on-site communications, or special   operations; and                      (B)  given a special assignment in direct support   of operations relating to organized crime, criminal interdiction,   border security, counterterrorism, intelligence, traffic   enforcement, emergency management, regulatory services, or special   investigations; [or]                (17)  an individual who is employed by the Parks and   Wildlife Department and, as certified by the executive director of   the Parks and Wildlife Department, is:                      (A)  deployed into the field in direct support of   a law enforcement operation, including patrol, investigative,   search and rescue, crime scene, on-site communications, or special   operations; and                      (B)  given a special assignment in direct support   of operations relating to organized crime, criminal interdiction,   border security, counterterrorism, intelligence, traffic   enforcement, emergency management, regulatory services, or special   investigations;                (18)  a justice of the peace;                (19)  a death investigator employed under Article   49.23, Code of Criminal Procedure; or                (20)  a medical examiner or an employee of the medical   examiner's office employed under Section 3, Article 49.25, Code of   Criminal Procedure.          SECTION 4.  Subchapter C, Chapter 504, Labor Code, is   amended by adding Section 504.057 to read as follows:          Sec. 504.057.  EXPEDITED PROVISION OF MEDICAL BENEFITS FOR   CERTAIN INJURIES SUSTAINED BY CERTAIN DEATH INVESTIGATION   PROFESSIONALS IN COURSE AND SCOPE OF EMPLOYMENT. (a)  In this   section, "death investigation professional" means:                (1)  a justice of the peace;                (2)  a death investigator employed under Article 49.23,   Code of Criminal Procedure; or                (3)  a medical examiner or an employee of the medical   examiner's office employed under Section 3, Article 49.25, Code of   Criminal Procedure.          (b)  This section applies only to a death investigation   professional who sustains a serious bodily injury, as defined by   Section 1.07, Penal Code, in the course and scope of employment.          (c)  The county, division, and insurance carrier shall   accelerate and give priority to an injured death investigation   professional's claim for medical benefits, including all health   care required to cure or relieve the effects naturally resulting   from a compensable injury described by Subsection (b).          (d)  The division shall accelerate, under rules adopted by   the commissioner of workers' compensation, a contested case hearing   requested by or an appeal submitted by a death investigation   professional regarding the denial of a claim for medical benefits,   including all health care required to cure or relieve the effects   naturally resulting from a compensable injury described by   Subsection (b).  The death investigation professional shall provide   notice to the division and independent review organization that the   contested case or appeal involves a death investigation   professional.          (e)  Except as otherwise provided by this section, a death   investigation professional is entitled to review of a medical   dispute in the manner provided by Section 504.054.          SECTION 5.  Section 415.021(c-2), Labor Code, is amended to   read as follows:          (c-2)  In determining whether to assess an administrative   penalty involving a claim in which the insurance carrier provided   notice under Section 409.021(a-3), the commissioner shall consider   whether:                (1)  the employee cooperated with the insurance   carrier's investigation of the claim;                (2)  the employee timely authorized access to the   applicable medical records before the insurance carrier's deadline   to:                      (A)  begin payment of benefits; or                      (B)  notify the division and the employee of the   insurance carrier's refusal to pay benefits; and                (3)  the insurance carrier conducted an investigation   of the claim, applied the statutory presumptions under Subchapter   B, Chapter 607, Government Code, and expedited medical benefits   under Section 504.055 or 504.057.          SECTION 6.  The changes in law made by this Act apply to a   claim for benefits or compensation pending on or filed on or after   the effective date of this Act. A claim for benefits or   compensation filed before that date, other than a claim pending on   that date, 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 7.  This Act takes effect September 1, 2025.