Texas 2017 - 85th Regular

Texas House Bill HB919 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kacal, et al. (Senate Sponsor - Schwertner) H.B. No. 919
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 15, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 919
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to workers' compensation insurance coverage for certain
12	6		intrastate fire mutual aid system team members and regional
13	7		incident management team members.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Subchapter B, Chapter 88, Education Code, is
16	10		amended by adding Section 88.126 to read as follows:
17	11		Sec. 88.126. WORKERS' COMPENSATION INSURANCE COVERAGE:
18	12		INTRASTATE FIRE MUTUAL AID SYSTEM AND REGIONAL INCIDENT MANAGEMENT
19	13		TEAMS. (a) In this section:
20	14		(1) "Intrastate fire mutual aid system team" means an
21	15		intrastate fire mutual aid system team established under the state
22	16		emergency management plan under Section 418.042, Government Code,
23	17		or the statewide mutual aid program for fire emergencies under
24	18		Section 418.110, Government Code, and coordinated by the Texas A&M
25	19		Forest Service to assist the state with fire suppression and
26	20		all-hazard emergency response activities before and following a
27	21		natural or man-made disaster.
28	22		(2) "Local government employee member" means a member
29	23		employed by a local government, as defined by Section 102.001,
30	24		Civil Practice and Remedies Code.
31	25		(3) "Member" means an individual, other than an
32	26		employee of The Texas A&M University System, who has been
33	27		officially designated as a member of an intrastate fire mutual aid
34	28		system team or a regional incident management team.
35	29		(4) "Nongovernment member" means a member who is not a
36	30		state employee member, a local government employee member, or an
37	31		employee of The Texas A&M University System.
38	32		(5) "Regional incident management team" means a
39	33		regional incident management team established under Section 88.122
40	34		or under the state emergency management plan under Section 418.042,
41	35		Government Code, and coordinated by the Texas A&M Forest Service to
42	36		assist the state with managing incident response activities before
43	37		and following a natural or man-made disaster.
44	38		(6) "State employee member" means a member employed by
45	39		an agency of the state other than a component of The Texas A&M
46	40		University System.
47	41		(b) Notwithstanding any other law, during any period in
48	42		which an intrastate fire mutual aid system team or a regional
49	43		incident management team is activated by the Texas Division of
50	44		Emergency Management, or during any training session sponsored or
51	45		sanctioned by the Texas Division of Emergency Management for an
52	46		intrastate fire mutual aid system team or a regional incident
53	47		management team, a participating nongovernment member or local
54	48		government employee member is included in the coverage provided
55	49		under Chapter 501, Labor Code, in the same manner as an employee, as
56	50		defined by Section 501.001, Labor Code.
57	51		(c) Service with an intrastate fire mutual aid system team
58	52		or a regional incident management team by a state employee member
59	53		who is activated is considered to be in the course and scope of the
60	54		employee's regular employment with the state.
61	55		(d) Service with an intrastate fire mutual aid system team
62	56		or a regional incident management team by an employee of The Texas
63	57		A&M University System is considered to be in the course and scope of
64	58		the employee's regular employment with The Texas A&M University
65	59		System.
66	60		SECTION 2. The heading to Section 408.0445, Labor Code, is
67	61		amended to read as follows:
68	62		Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE
69	63		MILITARY FORCES, [AND] TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL
70	64		AID SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS.
71	65		SECTION 3. Section 408.0445, Labor Code, is amended by
72	66		adding Subsection (c) to read as follows:
73	67		(c) For purposes of computing income benefits or death
74	68		benefits under Section 88.126, Education Code, the average weekly
75	69		wage of an intrastate fire mutual aid system team member or a
76	70		regional incident management team member, as defined by Section
77	71		88.126, Education Code, who is engaged in authorized training or
78	72		duty is an amount equal to the sum of the member's regular weekly
79	73		wage at any employment, including self-employment, that the member
80	74		holds in addition to serving as a member of an intrastate fire
81	75		mutual aid system team or a regional incident management team, as
82	76		applicable, except that the amount may not exceed 100 percent of the
83	77		state average weekly wage as determined under Section 408.047. A
84	78		member for whom an average weekly wage cannot be computed shall be
85	79		paid the minimum weekly benefit established by the division.
86	80		SECTION 4. Section 501.001(5), Labor Code, is amended to
87	81		read as follows:
88	82		(5) "Employee" means a person who is:
89	83		(A) in the service of the state pursuant to an
90	84		election, appointment, or express oral or written contract of hire;
91	85		(B) paid from state funds but whose duties
92	86		require that the person work and frequently receive supervision in
93	87		a political subdivision of the state;
94	88		(C) a peace officer employed by a political
95	89		subdivision, while the peace officer is exercising authority
96	90		granted under:
97	91		(i) Article 2.12, Code of Criminal
98	92		Procedure; or
99	93		(ii) Articles 14.03(d) and (g), Code of
100	94		Criminal Procedure;
101	95		(D) a member of the state military forces, as
102	96		defined by Section 437.001, Government Code, who is engaged in
103	97		authorized training or duty; [or]
104	98		(E) a Texas Task Force 1 member, as defined by
105	99		Section 88.301, Education Code, who is activated by the Texas
106	100		Division of Emergency Management or is injured during training
107	101		sponsored or sanctioned by Texas Task Force 1; or
108	102		(F) an intrastate fire mutual aid system team
109	103		member or a regional incident management team member, as defined by
110	104		Section 88.126, Education Code, who is activated by the Texas
111	105		Division of Emergency Management or is injured during training
112	106		sponsored or sanctioned by the Texas Division of Emergency
113	107		Management on behalf of an intrastate fire mutual aid system team or
114	108		a regional incident management team, as applicable.
115	109		SECTION 5. Section 501.002, Labor Code, is amended by
116	110		adding Subsection (g) to read as follows:
117	111		(g) For purposes of this chapter and Section 88.126,
118	112		Education Code, the Texas A&M Forest Service shall perform all
119	113		duties of an employer in relation to an intrastate fire mutual aid
120	114		system team member or a regional incident management team member
121	115		who is injured and receives benefits under this chapter.
122	116		SECTION 6. The change in law made by this Act applies only
123	117		to a claim for workers' compensation benefits based on a
124	118		compensable injury that occurs on or after the effective date of
125	119		this Act. A claim based on a compensable injury that occurs before
126	120		the effective date of this Act is governed by the law in effect on
127	121		the date the compensable injury occurred, and the former law is
128	122		continued in effect for that purpose.
129	123		SECTION 7. This Act takes effect September 1, 2017.
130		-	* * * * *
	124	+	______________________________ ______________________________
	125	+	President of the Senate Speaker of the House
	126	+	I certify that H.B. No. 919 was passed by the House on April
	127	+	28, 2017, by the following vote: Yeas 122, Nays 12, 2 present, not
	128	+	voting.
	129	+	______________________________
	130	+	Chief Clerk of the House
	131	+	I certify that H.B. No. 919 was passed by the Senate on May
	132	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	133	+	______________________________
	134	+	Secretary of the Senate
	135	+	APPROVED: _____________________
	136	+	Date
	137	+	_____________________
	138	+	Governor