bill dropping workers’ comp coverage for Texas Task Force 1

The text as introduced · 917 words

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.