By:  Brown                                             S.B. No. 413
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to workers' compensation insurance coverage for volunteer
    1-2  emergency service members and personnel.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter E, Chapter 406, Labor Code, is amended
    1-5  by adding Section 406.097 to read as follows:
    1-6        Sec. 406.097.  VOLUNTEER EMERGENCY SERVICE MEMBERS AND
    1-7  PERSONNEL.  (a)  An emergency service organization which is not a
    1-8  political subdivision or which is separate from any political
    1-9  subdivision may elect to obtain workers' compensation insurance
   1-10  coverage for its named volunteer members who participate in the
   1-11  normal functions of the organization.  A person covered under this
   1-12  subsection is entitled to full medical benefits and the minimum
   1-13  compensation payments under the law.
   1-14        (b)  In this section, unless a different meaning is plainly
   1-15  required by law:
   1-16              (1)  "Emergency service organization" means any
   1-17  organization established to provide for the general public:
   1-18                    (A)  fire prevention and suppression;
   1-19                    (B)  hazardous materials response operations; or
   1-20                    (C)  emergency medical services.
   1-21              (2)  "Volunteer members" means individuals who are
   1-22  carried on the membership list of the organization as active
   1-23  participants and who receive no remuneration for their services.
   1-24              (3)  "Normal functions" means any response to,
    2-1  participation in, or departure from an incident scene; training;
    2-2  meetings; performance of equipment maintenance; or organizational
    2-3  functions.
    2-4              (4)  "Political subdivision" means a county,
    2-5  municipality, special district, school district, junior college
    2-6  district, housing authority, community center for mental health and
    2-7  mental retardation services established under Subchapter A, Chapter
    2-8  534, Health and Safety Code, or any other legally constituted
    2-9  political subdivision of the state.
   2-10        SECTION 2.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.
   2-17                       COMMITTEE AMENDMENT NO. 1
   2-18        Amend S.B. 413 by adding a new subsection (c) to read as
   2-19  follows:
   2-20        (c)  the Texas Department of Insurance shall adopt rules
   2-21  governing the method of calculating premium for worker'
   2-22  compensation insurance coverage for volunteer members who are
   2-23  covered pursuant to this section.
   2-24                                                                Brady