85R3453 KKR-D     By: Herrero, Hunter, Miller, Price, Cortez, H.B. No. 283       et al.       A BILL TO BE ENTITLED   AN ACT   relating to the creation of an open burn pit registry for certain   service members and veterans.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Service Member and   Veteran Open Burn Pit Registry Act.          SECTION 2.  Subtitle D, Title 2, Health and Safety Code, is   amended by adding Chapter 99 to read as follows:   CHAPTER 99.  OPEN BURN PIT REGISTRY          Sec. 99.001.  DEFINITIONS. In this chapter:                (1)  "Airborne hazard" means an airborne environmental   contaminant, including open burn pit smoke, oil well fire smoke,   sand, dust, or other particles, that may cause short-term or   long-term health effects to a person exposed to the contaminant.                (2)  "Open burn pit," also known as an "open air burn   pit," means a site used for solid waste disposal by burning the   waste in the outdoor air without the use of a commercially   manufactured incinerator or other equipment specifically designed   and manufactured for burning solid waste.                (3)  "Service member" means an individual who is   currently serving in:                      (A)  the armed forces of the United States;                      (B)  an auxiliary service of one of the armed   forces of the United States, including the National Guard; or                      (C)  the state military forces as defined by   Section 431.001, Government Code.                (4)  "Veteran" means an individual who has served in:                      (A)  the armed forces of the United States;                      (B)  an auxiliary service of one of the armed   forces of the United States, including the National Guard; or                      (C)  the state military forces as defined by   Section 431.001, Government Code.          Sec. 99.002.  RULES; MEMORANDUM OF UNDERSTANDING. The   executive commissioner shall adopt the rules necessary to   administer this chapter and may enter into a memorandum of   understanding with the United States Department of Veterans Affairs   as necessary to administer this chapter.          Sec. 99.003.  OPEN BURN PIT REGISTRY. (a) For outreach,   education, and advocacy related to exposure to open burn pit smoke   or other airborne hazards by service members and veterans in this   state, the department shall create and maintain an open burn pit   registry of service members and veterans who were exposed to open   burn pit smoke or other airborne hazards during their military   service in:                (1)  the Southwest Asia theater of operations on or   after August 2, 1990;                (2)  Operation Desert Shield or Desert Storm;                 (3)  Djibouti, Africa, on or after September 11, 2001;                 (4)  Operation Enduring Freedom, Iraqi Freedom, or New   Dawn; or                (5)  any other conflict or theater identified by the   United States Department of Veterans Affairs.          (b)  The department shall include for each entry in the open   burn pit registry:                (1)  the service member's or veteran's name, address,   phone number, and electronic address;                (2)  the location of the service member's or veteran's   service and the period of service;                (3)  any medical condition or death of the service   member or veteran that may be related to exposure to open burn pit   smoke or other airborne hazards; and                (4)  any other information that the department or the   United States Department of Veterans Affairs considers necessary.          (c)  The department shall:                (1)  share the information included in the department's   open burn pit registry with the United States Department of   Veterans Affairs Airborne Hazards and Open Burn Pit Registry; and                (2)  electronically link the open burn pit registry   created under this chapter with the federal registry.          Sec. 99.004.  VOLUNTARY REGISTRATION. A service member or   veteran described by Section 99.003, or a family member of that   service member or veteran, may voluntarily register a case of   exposure to open burn pit smoke or other airborne hazards with the   department for inclusion in the registry.          Sec. 99.005.  CONFIDENTIALITY. Entries and information   obtained under this chapter are confidential and are not subject to   disclosure under Chapter 552, Government Code, are not subject to   subpoena, and may not otherwise be released or made public except as   provided by this section or Section 99.003.          Sec. 99.006.  OPEN BURN PIT INFORMATION. The department,   with the assistance of the Texas Veterans Commission, shall develop   and include on its Internet website information to inform service   members, veterans, and their families about the:                (1)  registration and use of the department's open burn   pit registry and the United States Department of Veterans Affairs   Airborne Hazards and Open Burn Pit Registry;                (2)  most recent scientific developments on the health   effects of exposure to open burn pit smoke and other airborne   hazards and the status of any illness or condition that is presumed   to be caused by exposure to open burn pit smoke or other airborne   hazards as designated by the United States Department of Veterans   Affairs;                (3)  availability of any treatment offered by the   United States Department of Veterans Affairs for an illness or   condition that may be caused by exposure to open burn pit smoke or   other airborne hazards;                (4)  process for applying to the United States   Department of Veterans Affairs for service-related disability   compensation for an illness or condition that may be related to   exposure to open burn pit smoke or other airborne hazards,   including the methods for documenting the illness or condition; and                (5)  manner of appealing to the United States   Department of Veterans Affairs an existing service-related   disability rating decision or requesting an increased   service-related disability rating based on an illness or condition   that may be related to exposure to open burn pit smoke or other   airborne hazards.          Sec. 99.007.  REPORT. Not later than December 1 of each   even-numbered year following the creation of the registry, the   department shall submit a report to the appropriate standing   committees of the house of representatives and senate that   includes:                (1)  an assessment of the effectiveness of collection   and maintenance of information on the health effects of exposure to   open burn pit smoke and other airborne hazards; and                (2)  any recommendation to improve the collection and   maintenance of information about the health effects of exposure to   open burn pit smoke and other airborne hazards.          SECTION 3.  (a) Not later than March 1, 2018, the executive   commissioner of the Health and Human Services Commission shall   adopt the rules and enter into any memorandum of understanding   necessary to administer this Act.          (b)  Notwithstanding Section 99.007, Health and Safety Code,   as added by this Act, not later than December 1, 2018, the   Department of State Health Services shall submit an initial report   under that section.          SECTION 4.  This Act takes effect September 1, 2017.