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House Bill 1090 |
House Author: Martinez, "Mando" et al. |
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Effective: Vetoed |
Senate Sponsor: Hinojosa |
House Bill 1090 amends the Education Code to require the board of regents of The Texas A&M University System to establish Texas Task Force 1 Type 3 Rio Grande Valley as a program of the Texas A&M Engineering Extension Service providing training and responding to assist in search, rescue, and recovery efforts following natural or man-made disasters. The bill sets out the task force's responsibilities and training and assistance capabilities and requires the task force headquarters to be located in the Rio Grande Valley. The bill makes task force members responsible for certain task force-related costs and expenses but provides for the reimbursement of certain expenses and entitles members to workers' compensation insurance coverage in the same manner as Texas Task Force 1 members.
House Bill 1090 adds temporary provisions to the Government Code requiring the Department of Public Safety (DPS) to study Texas Task Force 1 Type 3 Rio Grande Valley, establishing the required components of the study, and requiring DPS to report the study's results to the legislature on or before the first anniversary of the bill's effective date.
House Bill 1090 amends the Government Code and Labor Code to authorize certain eligible municipalities to establish a Texas Task Force 2 program that provides the previously described training and response assistance following disasters. The bill provides for workers' compensation insurance coverage for a participating nongovernment member or local government employee member during activation or related training sessions of the task force and for the reimbursement of the State Office of Risk Management by the Texas Division of Emergency Management for actual medical and indemnity benefits paid on behalf of a covered member of the task force. The bill establishes immunity from civil liability for a municipality establishing Texas Task Force 2 or a member or nongovernmental member of the task force who provides labor or assistance to the division, with certain exceptions.
Reason Given for Veto: "House Bill 1090 requires the Texas A&M Board of Regents to establish a Texas Task Force 1 (TTF 1) Type 3 search and rescue team based in the Rio Grande Valley. The bill also codifies another search and rescue team, Texas Task Force 2 (TTF 2), which is run by the City of Dallas.
"However, the bill would make the state liable for any worker compensation claims resulting from training exercises conducted by TTF 2, shifting liability for a local activity to the state despite the fact the state has no control or oversight over the activity.
"Although without HB 1090 there will not be a requirement to create a Type 3 search and rescue team for the Rio Grande Valley in statute, I will instruct the Texas A&M Board of Regents and Texas Division of Emergency Management to take action to create a TTF 1 team that will be based in the Rio Grande Valley to assist with any disaster in that the region of the state."