Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3 Page: 2,595
2507-3760 p. ; 24 cm.View a full description of this legislative document.
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in death or total or partial disability is presumed to have contracted the disease or
illness during the course and scope of employment as a firefighter or emergency
medical technician.
Sec. 607.055. CANCER. (a) A firefighter or emergency medical technician
who suffers from cancer resulting in death or total or partial disability is presumed to
have developed the cancer during the course and scope of employment as a firefighter
or emergency medical technician if:
(1) the firefighter or emergency medical technician:
(A) regularly responded on the scene to calls involving fires or fire
fighting; or
(B) regularly responded to an event involving the documented release
of radiation or a known or suspected carcinogen while the person was employed as a
firefighter or emergency medical technician; and
(2) the cancer is known to be associated with fire fighting or exposure to
heat, smoke, radiation, or a known or suspected carcinogen, as described by
Subsection (b).
(b) This section applies only to a type of cancer that may be caused by exposure
to heat, smoke, radiation, or a known or suspected carcinogen as determined by the
International Agency for Research on Cancer.
Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A
firefighter 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 firefighter or
emergency medical technician if:
(1) while on duty, the firefighter or emergency medical technician:
(A) was engaged in a situation that involved nonroutine stressful or
strenuous physical activity involving 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; and
(2) the acute myocardial infarction or stroke occurred while the firefighter
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.
Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by Section
607.052(b), a presumption established under this subchapter applies to a
determination of whether a firefighter's or emergency medical technician's disability
or death resulted from a disease or illness contracted in the course and scope of
employment for purposes of benefits or compensation provided under another
employee benefit, law, or plan, including a pension plan.
Sec. 607.058. PRESUMPTION REBUTTABLE. A presumption under Section
607.053, 607.054, 607.055, or 607.056 may be rebutted through a showing by a
preponderance of the evidence that a risk factor, accident, hazard, or other cause not
associated with the individual's service as a firefighter or emergency medical
technician caused the individual's disease or illness.Friday, May 20, 2005
SENATE JOURNAL
2595
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Texas. Legislature. Senate. Journal of the Senate, Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 3, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth123809/m1/93/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.