Tex. Gov't Code § 607.058 · Subchapter B. DISEASES OR ILLNESSES SUFFERED BY DETENTION OFFICERS, CUSTODIAL OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS
PRESUMPTION REBUTTABLE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A presumption under Section 607.053, 607.054, 607.0545, 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 detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual's disease or illness, without which the disease or illness would not have occurred.
(b) A rebuttal offered under this section must include a statement by the person offering the rebuttal that describes, in detail, the evidence that the person reviewed before making the determination that a cause not associated with the individual's service as a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual's disease or illness, without which the disease or illness would not have occurred.
(c) In addressing an argument based on a rebuttal offered under this section, an administrative law judge shall make findings of fact and conclusions of law that consider whether a qualified expert, relying on evidence-based medicine, stated the opinion that, based on reasonable medical probability, an identified risk factor, accident, hazard, or other cause not associated with the individual's service as a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician was a substantial factor in bringing about the individual's disease or illness, without which the disease or illness would not have occurred.
Notes and commentary — not statutory text
History
Added by Acts 2005, 79th Leg., Ch. 695 (S.B. 310), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 224 (H.B. 1388), Sec. 1, eff. May 29, 2015.
Acts 2019, 86th Leg., R.S., Ch. 701 (S.B. 2551), Sec. 2, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 993 (S.B. 1582), Sec. 8, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 505 (S.B. 22), Sec. 7, eff. June 14, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.607.htm
- Text hash
- sha256 a233c566c3074d5401ee37d8a76a85dba2ca8c4089a996c1d0976dfc4510cf2a
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 607.053IMMUNIZATION; SMALLPOX.Printed as Section 607.053, 607.054, 607.0545, 607.055, or 607.056
- Tex. Gov't Code § 607.054TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS.Printed as Section 607.053, 607.054, 607.0545, 607.055, or 607.056
- Tex. Gov't Code § 607.055CANCER.Printed as Section 607.053, 607.054, 607.0545, 607.055, or 607.056
- Tex. Gov't Code § 607.056ACUTE MYOCARDIAL INFARCTION OR STROKE.Printed as Section 607.053, 607.054, 607.0545, 607.055, or 607.056
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.