Texas 2025 - 89th Regular

Texas Senate Bill SB2990 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15857 KKR-F
2	2	By: Schwertner S.B. No. 2990
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to removing the requirement of provision of workers'
10	10	compensation insurance coverage for Texas Task Force 1 members and
11	11	members of intrastate fire mutual aid system teams and regional
12	12	incident management teams.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 408.0445, Labor Code, is
15	15	amended to read as follows:
16	16	Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE
17	17	MILITARY FORCES[, TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL AID
18	18	SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS].
19	19	SECTION 2. Section 501.001(5), Labor Code, is amended to
20	20	read as follows:
21	21	(5) "Employee" means a person who is:
22	22	(A) in the service of the state pursuant to an
23	23	election, appointment, or express oral or written contract of hire;
24	24	(B) paid from state funds but whose duties
25	25	require that the person work and frequently receive supervision in
26	26	a political subdivision of the state;
27	27	(C) a peace officer employed by a political
28	28	subdivision, while the peace officer is exercising authority
29	29	granted under:
30	30	(i) Article 2A.001, Code of Criminal
31	31	Procedure; or
32	32	(ii) Articles 14.03(d) and (g), Code of
33	33	Criminal Procedure; or
34	34	(D) a member of the state military forces, as
35	35	defined by Section 437.001, Government Code, who is engaged in
36	36	authorized training or duty[;
37	37	[(E) a Texas Task Force 1 member, as defined by
38	38	Section 88.301, Education Code, who is activated by the Texas
39	39	Division of Emergency Management or is injured during training
40	40	sponsored or sanctioned by Texas Task Force 1; or
41	41	[(F) an intrastate fire mutual aid system team
42	42	member or a regional incident management team member, as defined by
43	43	Section 88.126, Education Code, who is activated by the Texas
44	44	Division of Emergency Management or is injured during training
45	45	sponsored or sanctioned by the Texas Division of Emergency
46	46	Management on behalf of an intrastate fire mutual aid system team or
47	47	a regional incident management team, as applicable].
48	48	SECTION 3. Section 501.024, Labor Code, is amended to read
49	49	as follows:
50	50	Sec. 501.024. EXCLUSIONS FROM COVERAGE. (a) The following
51	51	persons are excluded from coverage as an employee under this
52	52	chapter:
53	53	(1) a person performing personal services for the
54	54	state as an independent contractor or volunteer;
55	55	(2) a person who at the time of injury was performing
56	56	services for the federal government and who is covered by some form
57	57	of federal workers' compensation insurance;
58	58	(3) a prisoner or inmate of a prison or correctional
59	59	institution, other than a work program participant participating in
60	60	a Texas Correctional Industries contract described by Section
61	61	497.006, Government Code;
62	62	(4) a client or patient of a state agency;
63	63	(5) a person employed by the Texas Department of
64	64	Transportation who is covered under Chapter 505;
65	65	(6) a person employed by The University of Texas
66	66	System who is covered by Chapter 503; [and]
67	67	(7) a person employed by The Texas A&M University
68	68	System who is covered by Chapter 502;
69	69	(8) a Texas Task Force 1 member who is activated by the
70	70	Texas Division of Emergency Management or is injured during
71	71	training sponsored or sanctioned by Texas Task Force 1; and
72	72	(9) an intrastate fire mutual aid system team member
73	73	or a regional incident management team member who is activated by
74	74	the Texas Division of Emergency Management or is injured during
75	75	training sponsored or sanctioned by the Texas Division of Emergency
76	76	Management on behalf of an intrastate fire mutual aid system team
77	77	or a regional incident management team, as applicable.
78	78	(b) In this section:
79	79	(1) "Intrastate fire mutual aid system team" means an
80	80	intrastate fire mutual aid system team established under the state
81	81	emergency management plan under Section 418.042, Government Code,
82	82	or the statewide mutual aid program for fire emergencies under
83	83	Section 418.110, Government Code, and coordinated by the Texas A&M
84	84	Forest Service to assist the state with fire suppression and
85	85	all-hazard emergency response activities before and following a
86	86	natural or man-made disaster.
87	87	(2) "Member" means an individual, other than an
88	88	employee of The Texas A&M University System, who has been
89	89	officially designated as a member of Texas Task Force 1, an
90	90	intrastate fire mutual aid system team, or a regional incident
91	91	management team.
92	92	(3) "Regional incident management team" means a
93	93	regional incident management team established under Section
94	94	88.122, Education Code, or under the state emergency management
95	95	plan under Section 418.042, Government Code, and coordinated by the
96	96	Texas A&M Forest Service to assist the state with managing incident
97	97	response activities before and following a natural or man-made
98	98	disaster.
99	99	(4) "Texas Task Force 1" means the program of the Texas
100	100	Engineering Extension Service of The Texas A&M University System
101	101	under Subchapter D, Chapter 88, Education Code, providing training
102	102	and responding to assist in search, rescue, and recovery efforts
103	103	following natural or man-made disasters.
104	104	SECTION 4. The following provisions are repealed:
105	105	(1) Section 88.126, Education Code;
106	106	(2) Sections 88.301 and 88.303, Education Code;
107	107	(3) Sections 408.0445(b) and (c), Labor Code; and
108	108	(4) Sections 501.002(f) and (g), Labor Code.
109	109	SECTION 5. The change in law made by this Act applies only
110	110	to a claim for workers' compensation benefits based on a
111	111	compensable injury that occurs on or after the effective date of
112	112	this Act. A claim based on a compensable injury that occurs before
113	113	the effective date of this Act is governed by the law in effect on
114	114	the date the compensable injury occurred, and the former law is
115	115	continued in effect for that purpose.
116	116	SECTION 6. This Act takes effect September 1, 2025.