HB 331

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 331 amends Section 607.056 of the Texas Government Code to update the legal presumptions applied to benefit and compensation claims made by first responders — specifically firefighters, peace officers, and emergency medical technicians — who suffer an acute myocardial infarction (heart attack) or stroke. Under current law, a first responder must demonstrate that the injury occurred during "nonroutine" stressful or strenuous physical activity in order to qualify for the presumption that the injury arose in the course and scope of employment. HB 331 removes the "nonroutine" qualifier, simplifying the standard to cover any stressful or strenuous activity tied to emergency services, fire suppression, rescue, hazardous material response, emergency medical services, law enforcement, or related activities.

The bill maintains the existing requirement that the heart attack or stroke must occur no later than eight hours after the conclusion of the shift in which the activity occurred. Clerical, administrative, or nonmanual activities continue to be excluded from coverage under the presumption. This adjustment ensures broader and clearer protections for first responders, recognizing the inherent physical risks of their occupations without imposing narrow or subjective qualifiers.

The bill applies prospectively, meaning it will only affect claims filed on or after the bill’s effective date.
Author (5)
Jared Patterson
Lauren Simmons
Mary Perez
Oscar Longoria
John Lujan
Co-Author (11)
Sponsor (1)
Juan Hinojosa
Co-Sponsor (1)
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 331 is not anticipated to have a significant fiscal impact on the state. It is assumed that any administrative or operational costs that might arise from implementing the bill could be absorbed by the affected agencies, including the Department of Insurance and the State Office of Risk Management, within their existing budget and resources.

At the local government level, no significant fiscal implications are anticipated either. While the bill broadens the scope under which first responders may claim benefits for heart attacks or strokes, the expected volume of additional claims is not projected to substantially increase costs for municipalities, counties, or other local governmental entities. Local governments that employ first responders and self-insure for workers' compensation would manage any potential marginal increases within their current operational frameworks​.

In sum, HB 331 is considered fiscally neutral and should not require new appropriations or tax increases at either the state or local level.

Vote Recommendation Notes

HB 331 clarifies and strengthens legal protections for first responders who suffer acute myocardial infarctions (heart attacks) or strokes resulting from their duties. The bill amends Section 607.056 of the Texas Government Code by (1) removing the requirement that qualifying physical activity be "nonroutine," (2) explicitly including law enforcement activities among covered activities, and (3) establishing that the presumption applies to events occurring within eight hours after the end of a shift rather than only during active duty​.

This bill is corrective and restorative in nature, revisiting issues that arose after the previous legislative session’s passage of HB 471, where first responder protections were unintentionally narrowed. HB 331 realigns the law with the originally intended, negotiated standards between insurers and first responder organizations. It respects the physical risks first responders face while providing a clear and fair framework for claims eligibility.

Importantly, HB 331 does not expand the size or scope of government, does not increase the burden on taxpayers, and does not add new regulatory burdens on individuals or businesses. The Legislative Budget Board determined that any costs associated with implementing the bill can be absorbed within existing agency resources, and no significant fiscal impact on local governments is anticipated. Rather than creating new programs, mandates, or regulations, the bill simply improves clarity and fairness in the application of existing workers' compensation laws.

From a liberty principle standpoint, HB 331 promotes individual liberty by reducing unnecessary procedural barriers for injured first responders, upholds personal responsibility by maintaining reasonable evidentiary standards, respects limited government by clarifying the statute without expanding administrative functions, and has no adverse impact on free enterprise or private property rights.

Given the bill's strong alignment with core liberty principles, its fiscal neutrality, and its targeted support for critical public servants without government overreach, Texas Policy Research recommends that lawmakers vote YES on HB 331.

  • Individual Liberty: The bill enhances individual liberty by ensuring that first responders — firefighters, police officers, and emergency medical technicians — are treated fairly under the workers' compensation system. It removes unnecessary legal barriers that currently make it harder for them to claim benefits after suffering a serious, often job-related medical event. By simplifying access to earned benefits, the bill affirms their dignity, autonomy, and rights after serving the public in dangerous conditions.
  • Personal Responsibility: The bill preserves personal responsibility. First responders still must demonstrate that the heart attack or stroke happened while engaging in active emergency response duties (not clerical work). The bill does not offer blanket benefits; it maintains reasonable boundaries by limiting coverage to those physically engaged in emergency response activities. It shifts only the unreasonable evidentiary burden, not the expectation that claims must be genuine.
  • Free Enterprise: The bill has minimal impact on free enterprise. It pertains to public sector employment and workers' compensation claims for governmental first responders, not private sector workers or businesses. It does not impose new restrictions, taxes, or regulations on businesses or markets. Therefore, it remains neutral toward the principle of a free and competitive enterprise system.
  • Private Property Rights: The bill does not affect private property rights. It does not involve land use, property seizure, regulation of private property, or private businesses. Its effect is isolated to public employees’ benefits within existing governmental compensation systems.
  • Limited Government: The bill supports limited government. It does not grow the size or scope of government, does not create new agencies, and does not impose significant new administrative burdens. Instead, it clarifies the law to make existing processes more efficient and predictable, reducing the need for litigation and bureaucratic hurdles. Streamlining access to rightful benefits without expanding government control or spending upholds the principle of a restrained and efficient government.
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