89th Legislature Regular Session

HB 1306

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1306 amends the Texas Government Code, Chapter 607, to formally recognize and provide statutory benefits to a category of professionals involved in death investigations. Specifically, it defines "death investigation professionals" as justices of the peace, death investigators employed under Article 49.23 of the Code of Criminal Procedure, and medical examiners or their staff under Article 49.25. The bill aligns their rights with those already afforded to public safety employees (such as peace officers and firefighters) when exposed to contagious diseases in the line of duty.

The legislation entitles death investigation professionals to reimbursement for medical expenses related to preventative treatment if they are exposed to a contagious disease during the performance of an inquest. The bill stipulates that these professionals have the right to choose their physician for such care, ensuring a degree of personal medical autonomy. Additionally, HB 1306 mandates that counties provide preventative immunizations for diseases these individuals may be exposed to while conducting inquests, as long as immunization is possible.

HB 1306 also amends Chapter 615 of the Government Code to include death investigation professionals under survivor benefit provisions. This change ensures that the eligible survivors of these professionals can access the same state benefits provided to families of peace officers, jailers, and other frontline public servants who die in the course of duty. The bill reflects a policy shift toward recognizing the public health risks inherent in death investigation roles and seeks to mitigate those risks with support structures already present for other emergency and public safety personnel.
Author
Brooks Landgraf
Janis Holt
Sponsor
Kevin Sparks
Co-Sponsor
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1306 indicates that the financial impact of the bill on both state and local governments is indeterminate due to a lack of specific data. The bill extends eligibility for survivor benefits under Chapter 615 of the Government Code and medical expense reimbursements under Chapter 607 to include death investigation professionals—namely justices of the peace, medical examiners, and death investigators. These benefits include lump-sum death benefits for eligible survivors and reimbursement for preventative medical treatment following exposure to contagious diseases in the line of duty.

For fiscal year 2025, the lump sum death benefit payable to survivors is $611,135 per qualifying individual, funded through General Revenue. This figure is adjusted annually based on the Consumer Price Index (CPI-U). While this amount is clear, the number of potentially qualifying individuals remains unknown, making it impossible to estimate total state expenditures triggered by the bill's enactment.

Similarly, at the local government level, counties would now be responsible for reimbursing medical expenses of their employed death investigation professionals when preventative treatment is necessary after exposure during an inquest. However, without data on how many such exposures might occur or the typical cost of preventative treatment, the Legislative Budget Board could not provide a concrete estimate of these county-level costs. As a result, both the state and local government fiscal impacts remain indeterminate at this time.

Vote Recommendation Notes

HB 1306 makes a targeted and measured expansion of statutory benefits for a specific group of public employees: death investigation professionals, including justices of the peace, medical examiners, and death investigators. These individuals often perform high-risk duties comparable to those of peace officers, including exposure to biohazards and infectious diseases during inquests. HB 1306 aligns their benefits with those provided to public safety personnel under existing Texas law, ensuring reimbursement for preventative medical treatment, access to immunizations, and eligibility for survivor benefits in line-of-duty death cases.

Importantly, the bill does not create any new state agency or regulatory program. Instead, it integrates death investigation professionals into current statutory frameworks without modifying their structure. It affirms rights—such as the ability to choose one’s physician for treatment—rather than imposing new constraints. There is no added regulatory burden on individuals or businesses, and private sector operations remain unaffected.

While the bill does impose some additional financial obligations on counties, which are now responsible for reimbursing certain medical expenses and providing immunizations, these costs are expected to be limited. The state could also incur costs if survivor benefits are triggered. However, the Legislative Budget Board determined the fiscal impact to be indeterminate due to a lack of precise data on how many professionals would qualify or make claims. These costs, while real, are proportionate and directed solely at public employers supporting essential personnel.

In summary, HB 1306 enhances workplace protections and ensures parity for a small, high-risk group of government professionals. It upholds principles of individual liberty and responsibility, maintains a limited scope of government expansion, and imposes no new regulatory burdens. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1306.

  • Individual Liberty: The bill strengthens individual liberty by ensuring death investigation professionals have the freedom to choose their own physician when seeking preventative treatment after being exposed to contagious diseases. It respects their bodily autonomy and professional dignity by not forcing them into a narrow list of providers or treatments. It also helps secure their ability to continue working safely in their roles.
  • Personal Responsibility: The bill reinforces the principle that governments (particularly counties) have a duty to protect and support the employees they rely on for essential public safety services. At the same time, it expects these professionals to pursue preventative care and treatment responsibly, rather than waiting for serious complications. It's a shared responsibility model between worker and employer.
  • Free Enterprise: The bill does not regulate or restrict private businesses in any way. It also doesn’t interfere with market activity or impose mandates on private employers. Its provisions are narrowly focused on government-employed professionals, keeping the marketplace free from new encroachments.
  • Private Property Rights: This bill has no impact on property rights. It doesn't involve land use, zoning, eminent domain, or regulatory takings. Property owners and private citizens retain all their existing rights.
  • Limited Government: While the bill slightly increases the scope of government responsibilities by requiring counties to pay for certain medical treatments and provide immunizations, this expansion is tightly focused and directly tied to an existing governmental function (death investigations). No new government entities are created, and the benefits mirror those already granted to other frontline public workers. The expansion is narrow, specific, and justifiable in light of the high-risk nature of the work.
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