89R15857 KKR-F
By: Schwertner S.B. No. 2990
A BILL TO BE ENTITLED
AN ACT
relating to removing the requirement of provision of workers'
compensation insurance coverage for Texas Task Force 1 members and
members of intrastate fire mutual aid system teams and regional
incident management teams.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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[, TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL AID
SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS].
SECTION 2. 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 2A.001, Code of Criminal
Procedure; or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure; or
(D) a member of the state military forces, as
defined by Section 437.001, Government Code, who is engaged in
authorized training or duty[;
[(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 3. Section 501.024, Labor Code, is amended to read
as follows:
Sec. 501.024. EXCLUSIONS FROM COVERAGE. (a) The following
persons are excluded from coverage as an employee under this
chapter:
(1) a person performing personal services for the
state as an independent contractor or volunteer;
(2) a person who at the time of injury was performing
services for the federal government and who is covered by some form
of federal workers' compensation insurance;
(3) a prisoner or inmate of a prison or correctional
institution, other than a work program participant participating in
a Texas Correctional Industries contract described by Section
497.006, Government Code;
(4) a client or patient of a state agency;
(5) a person employed by the Texas Department of
Transportation who is covered under Chapter 505;
(6) a person employed by The University of Texas
System who is covered by Chapter 503; [and]
(7) a person employed by The Texas A&M University
System who is covered by Chapter 502;
(8) a Texas Task Force 1 member who is activated by the
Texas Division of Emergency Management or is injured during
training sponsored or sanctioned by Texas Task Force 1; and
(9) an intrastate fire mutual aid system team member
or a regional incident management team member 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.
(b) 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) "Member" means an individual, other than an
employee of The Texas A&M University System, who has been
officially designated as a member of Texas Task Force 1, an
intrastate fire mutual aid system team, or a regional incident
management team.
(3) "Regional incident management team" means a
regional incident management team established under Section
88.122, Education Code, 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.
(4) "Texas Task Force 1" means the program of the Texas
Engineering Extension Service of The Texas A&M University System
under Subchapter D, Chapter 88, Education Code, providing training
and responding to assist in search, rescue, and recovery efforts
following natural or man-made disasters.
SECTION 4. The following provisions are repealed:
(1) Section 88.126, Education Code;
(2) Sections 88.301 and 88.303, Education Code;
(3) Sections 408.0445(b) and (c), Labor Code; and
(4) Sections 501.002(f) and (g), Labor Code.
SECTION 5. 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 6. This Act takes effect September 1, 2025.