By: Kacal, et al. (Senate Sponsor - Schwertner) H.B. No. 919
(In the Senate - Received from the House May 1, 2017;
May 4, 2017, read first time and referred to Committee on Business &
Commerce; May 15, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 15, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation insurance coverage for certain
intrastate fire mutual aid system team members and regional
incident management team members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 88, Education Code, is
amended by adding Section 88.126 to read as follows:
Sec. 88.126. WORKERS' COMPENSATION INSURANCE COVERAGE:
INTRASTATE FIRE MUTUAL AID SYSTEM AND REGIONAL INCIDENT MANAGEMENT
TEAMS. (a) In this section:
(1) "Intrastate fire mutual aid system team" means an
intrastate fire mutual aid system team established under the state
emergency management plan under Section 418.042, Government Code,
or the statewide mutual aid program for fire emergencies under
Section 418.110, Government Code, and coordinated by the Texas A&M
Forest Service to assist the state with fire suppression and
all-hazard emergency response activities before and following a
natural or man-made disaster.
(2) "Local government employee member" means a member
employed by a local government, as defined by Section 102.001,
Civil Practice and Remedies Code.
(3) "Member" means an individual, other than an
employee of The Texas A&M University System, who has been
officially designated as a member of an intrastate fire mutual aid
system team or a regional incident management team.
(4) "Nongovernment member" means a member who is not a
state employee member, a local government employee member, or an
employee of The Texas A&M University System.
(5) "Regional incident management team" means a
regional incident management team established under Section 88.122
or under the state emergency management plan under Section 418.042,
Government Code, and coordinated by the Texas A&M Forest Service to
assist the state with managing incident response activities before
and following a natural or man-made disaster.
(6) "State employee member" means a member employed by
an agency of the state other than a component of The Texas A&M
University System.
(b) Notwithstanding any other law, during any period in
which an intrastate fire mutual aid system team or a regional
incident management team is activated by the Texas Division of
Emergency Management, or during any training session sponsored or
sanctioned by the Texas Division of Emergency Management for an
intrastate fire mutual aid system team or a regional incident
management team, 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.
(c) Service with an intrastate fire mutual aid system team
or a regional incident management team 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.
(d) Service with an intrastate fire mutual aid system team
or a regional incident management team 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.
SECTION 2. The heading to Section 408.0445, Labor Code, is
amended to read as follows:
Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE
MILITARY FORCES, [AND] TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL
AID SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS.
SECTION 3. Section 408.0445, Labor Code, is amended by
adding Subsection (c) to read as follows:
(c) For purposes of computing income benefits or death
benefits under Section 88.126, Education Code, the average weekly
wage of an intrastate fire mutual aid system team member or a
regional incident management team member, as defined by Section
88.126, Education Code, who is engaged in authorized training or
duty is an amount equal to the sum of the member's regular weekly
wage at any employment, including self-employment, that the member
holds in addition to serving as a member of an intrastate fire
mutual aid system team or a regional incident management team, as
applicable, except that the amount may not exceed 100 percent of the
state average weekly wage as determined under Section 408.047. A
member for whom an average weekly wage cannot be computed shall be
paid the minimum weekly benefit established by the division.
SECTION 4. Section 501.001(5), Labor Code, is amended to
read as follows:
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an
election, appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties
require that the person work and frequently receive supervision in
a political subdivision of the state;
(C) a peace officer employed by a political
subdivision, while the peace officer is exercising authority
granted under:
(i) Article 2.12, Code of Criminal
Procedure; or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure;
(D) a member of the state military forces, as
defined by Section 437.001, Government Code, who is engaged in
authorized training or duty; [or]
(E) a Texas Task Force 1 member, as defined by
Section 88.301, Education Code, who is activated by the Texas
Division of Emergency Management or is injured during training
sponsored or sanctioned by Texas Task Force 1; or
(F) an intrastate fire mutual aid system team
member or a regional incident management team member, as defined by
Section 88.126, Education Code, who is activated by the Texas
Division of Emergency Management or is injured during training
sponsored or sanctioned by the Texas Division of Emergency
Management on behalf of an intrastate fire mutual aid system team or
a regional incident management team, as applicable.
SECTION 5. Section 501.002, Labor Code, is amended by
adding Subsection (g) to read as follows:
(g) For purposes of this chapter and Section 88.126,
Education Code, the Texas A&M Forest Service shall perform all
duties of an employer in relation to an intrastate fire mutual aid
system team member or a regional incident management team member
who is injured and receives benefits under this chapter.
SECTION 6. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
the effective date of this Act is governed by the law in effect on
the date the compensable injury occurred, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.
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