FOLIO

Disaster Declaration Expiration and COVID-19 Presumption

Jun 23, 2023 | by FOL

Governor Greg Abbott elected not to renew Texas’ long-running COVID-19 disaster declaration after he signed a law that bans local mandates related to the pandemic.

Gov. Abbott has kept the disaster declaration in place since the early days of the pandemic in 2020. He has maintained that he needed the declaration to support his executive orders prohibiting local COVID restrictions, and he had promised to lift the declaration once lawmakers codified those orders. Gov. Abbott’s last 30-day renewal of Texas’ disaster declaration was May 15.

Earlier this month, Abbott signed into law Senate Bill 29, which prohibits local governments from requiring masks, vaccines or business shutdowns in response to COVID-19. The law goes into effect Sept. 1.

Because the disaster declaration had to be renewed every 30 days, the governor’s decision not to renew means it has expired effective June 15 by law.

The COVID compensability presumption for detention officers, custodial officers, firefighters, peace officers, or emergency medical technicians has ended as a result.

Sec. 607.0545(a)(1) of the Texas Labor Code provides that “a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician who suffers from [COVID-19] that results in death or total or partial disability is presumed to have contracted the virus or disease during the course and scope of employment… if [they are] employed in the area designated in a disaster declaration by the governor…and the disaster is related to [COVID-19].”

With the governor’s decision not to renew the disaster declaration, this presumption no longer exists.  However, note that Sec. 607.0545(c) provides that a detention officer, custodial officer, firefighter, peace officer, or emergency medical technician still has the right to pursue a COVID-19 claim without the use of the presumption.

Please reach out to our office if we can provide any guidance on this significant change in Texas presumption law: gqs@fol.com.