83R15671 AED-F
By: Martinez H.B. No. 1090
Substitute the following for H.B. No. 1090:
By: Lavender C.S.H.B. No. 1090
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Texas Task Force 1 Type 3 Rio Grande
Valley.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 88,
Education Code, is amended to read as follows:
SUBCHAPTER D. TEXAS TASK FORCE [1]
SECTION 2. Section 88.301(2), Education Code, is amended to
read as follows:
(2) "Member" means an individual, other than an
employee of The Texas A&M University System, who has been
officially designated as a member of a task force established under
this subchapter [Texas Task Force 1].
SECTION 3. Subchapter D, Chapter 88, Education Code, is
amended by adding Section 88.3025 and amending Section 88.303 to
read as follows:
Sec. 88.3025. TEXAS TASK FORCE 1 TYPE 3 RIO GRANDE VALLEY.
(a) The board shall establish Texas Task Force 1 Type 3 Rio Grande
Valley as a program of the Texas A&M Engineering Extension Service.
(b) The training and assistance capabilities of Texas Task
Force 1 Type 3 Rio Grande Valley must be substantially equivalent to
the training and assistance capabilities of the Texas Task Force 1
program described in Section 88.302.
(c) The headquarters of Texas Task Force 1 Type 3 Rio Grande
Valley shall be located in the Rio Grande Valley.
(d) Texas Task Force 1 Type 3 Rio Grande Valley is a program
of the Texas A&M Engineering Extension Service providing training
and responding to assist in search, rescue, and recovery efforts
following natural or man-made disasters. The task force's
responsibilities include:
(1) building collapse;
(2) search and rescue;
(3) confined space rescue;
(4) trench rescue;
(5) high and low angle rescue;
(6) swift water rescue;
(7) hazardous materials response;
(8) public works strike team response;
(9) heavy transportation extrication;
(10) wide-area search;
(11) technical rescue; and
(12) public safety.
(e) The task force will operate, train, respond, and
function under Texas Task Force 1.
(f) The members of Texas Task Force 1 Type 3 Rio Grande
Valley are responsible for any costs and expenses related to the
operation, training, and equipment of the task force, including the
procurement and maintenance of equipment and supplies.
(g) A member of Texas Task Force 1 Type 3 Rio Grande Valley
may be reimbursed for the member's expenses incurred while
activated and deployed in the same manner as a member of Texas Task
Force 1.
Sec. 88.303. WORKERS' COMPENSATION INSURANCE COVERAGE. (a)
Notwithstanding any other law, during any period in which a task
force established under this subchapter [Texas Task Force 1] is
activated by the Texas Division of Emergency Management, or during
any training session sponsored or sanctioned by a task force
established under this subchapter [Texas Task Force 1], a
participating nongovernment member or local government employee
member is included in the coverage provided under Chapter 501,
Labor Code, in the same manner as an employee, as defined by Section
501.001, Labor Code.
(b) Service with a task force established under this
subchapter [Texas Task Force 1] by a state employee member who is
activated is considered to be in the course and scope of the
employee's regular employment with the state.
(c) Service with a task force established under this
subchapter [Texas Task Force 1] by an employee of The Texas A&M
University System is considered to be in the course and scope of the
employee's regular employment with The Texas A&M University System.
(d) Notwithstanding Section 412.0123, Labor Code, as added
by Chapter 1098, Acts of the 75th Legislature, Regular Session,
1997, the Texas Division of Emergency Management shall reimburse
the State Office of Risk Management for the actual medical and
indemnity benefits paid on behalf of a covered member of a task
force established under this subchapter [Texas Task Force 1] at the
beginning of the next state fiscal year occurring after the date the
benefits are paid.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.