Relating to certain claims for benefits or compensation by a death investigation professional.

89(R) HB 1306 - Enrolled version - Bill Text

H.B. No. 1306

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.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1306 was passed by the House on May

10, 2025, by the following vote: Yeas 130, Nays 0, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1306 was passed by the Senate on May

28, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor