By:  Hightower                                        H.B. No. 1219
       73R4519 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the exclusion of certain persons from eligibility for
    1-3  workers' compensation benefits as employees of this state or a
    1-4  political subdivision of this state.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1(2), Article 8309g, Revised Statutes, is
    1-7  amended to read as follows:
    1-8              (2)  The word "employee" shall not include:
    1-9                    (A)  Persons performing personal services for the
   1-10  State of Texas as independent contractors or volunteers.
   1-11                    (B)  Members of the state military forces as
   1-12  defined in Section 1, Article 5765, Revised Civil Statutes of
   1-13  Texas, 1925.
   1-14                    (C)  Persons who are at the time of injury
   1-15  performing services for the federal government and who are covered
   1-16  by some form of federal workers' compensation, including those
   1-17  working under Comprehensive Employment and Training Act of 1973
   1-18  programs; prisoners or inmates of a prison or correctional
   1-19  institution, including a community corrections facility or
   1-20  substance abuse felony punishment facility; persons performing
   1-21  community service work or work probation under the terms of a court
   1-22  order; or clients or patients of any state institution or agency.
   1-23                    (D)  Persons employed by the State Department of
   1-24  Highways and Public Transportation that are covered under Chapter
    2-1  502, Acts of the 45th Legislature, Regular Session, 1937, as
    2-2  amended (Article 6674s, Vernon's Texas Civil Statutes).
    2-3                    (E)  Persons employed by The University of Texas
    2-4  that are covered by Chapter 310, Acts of the 52nd Legislature,
    2-5  1951, as amended (Article 8309d, Revised Civil Statutes of Texas).
    2-6                    (F)  Persons employed by The Texas A&M University
    2-7  System that are covered by Chapter 229, Acts of the 50th
    2-8  Legislature, 1947, as amended (Article 8309b, Vernon's Texas Civil
    2-9  Statutes).
   2-10        SECTION 2.  Section 1(2), Article 8309h, Revised Statutes, is
   2-11  amended to read as follows:
   2-12              (2)  "Employee" means every person in the service of a
   2-13  political subdivision who has been appointed in accordance with the
   2-14  provisions of the article.  A person in the service of a political
   2-15  subdivision who is paid on a piecework basis or on a basis other
   2-16  than by the hour, day, week, month, or year, who is a patient or
   2-17  client of a political subdivision involved in vocational training,
   2-18  <or> who is a prisoner incarcerated by a political subdivision, who
   2-19  is confined in a community corrections facility, or who is
   2-20  performing community service work or work probation under the terms
   2-21  of a court order is not an employee and is not entitled to
   2-22  compensation under this article.  Provided, however, a political
   2-23  subdivision may cover volunteer firefighters, policemen, emergency
   2-24  medical personnel, and other volunteers that are specifically named
   2-25  who shall be entitled to full medical benefits and the minimum
   2-26  compensation payments under the law.  A political subdivision may
   2-27  cover an elected official as an employee by a majority vote of the
    3-1  members of the governing body of the political subdivision.  A
    3-2  political subdivision may cover children who are in a program
    3-3  established by the political subdivision to assist children in
    3-4  rendering personal services to a charitable or educational
    3-5  institution as authorized by Subsection (b), Section 54.041, Family
    3-6  Code.  Members of the board of trustees of a self-insurance fund
    3-7  created hereunder may provide coverage for themselves as well as
    3-8  their staff, including persons with whom it has contracted to
    3-9  perform staff functions, or for any other self-insurance fund
   3-10  created under The Interlocal Cooperation Act (Article 4413(32c),
   3-11  Vernon's Texas Civil Statutes) by a majority vote of such members
   3-12  of the fund.  No class of persons who are paid as a result of jury
   3-13  service or an appointment to serve in the conduct of elections may
   3-14  be considered employees under this article unless declared to be
   3-15  employees by a majority vote of the members of the governing body
   3-16  of a political subdivision.
   3-17        SECTION 3.  This Act takes effect September 1, 1993, and
   3-18  applies only to eligibility for workers' compensation benefits
   3-19  under a claim for workers' compensation benefits that is filed with
   3-20  the Texas Workers' Compensation Commission on or after that date.
   3-21  Eligibility for benefits under a claim filed before that date is
   3-22  governed by the law in effect on the date that the claim was filed,
   3-23  and the former law is continued in effect for that purpose.
   3-24        SECTION 4.  The importance of this legislation and the
   3-25  crowded condition of the calendars in both houses create an
   3-26  emergency and an imperative public necessity that the
   3-27  constitutional rule requiring bills to be read on three several
    4-1  days in each house be suspended, and this rule is hereby suspended.