SRC-PNG H.B. 2706 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2706
By: Gallego (Gallegos)
Administration
5/11/1999
Engrossed


DIGEST 

During a disaster that requires emergency action, the state may look to its
citizens for help when state manpower is overwhelmed.  However, concerns
about personal safety and welfare dissuade some people form volunteering
their services.  This bill would entitle a person, not otherwise covered by
workers' compensation insurance for volunteer services, who performs
volunteer services for the state in a disaster under the direction of an
officer or employee of the state to medical benefits for an injury
sustained by the person in the course of providing those services, under
certain conditions. 

PURPOSE

As proposed, H.B. 2706 entitles a person, not otherwise covered by workers'
compensation insurance for volunteer services, who performs volunteer
services for the state in a disaster under the direction of an officer or
employee of the state to medical benefits for an injury sustained by the
person in the course of providing those services, under certain conditions. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 501B, Labor Code, by adding Section 501.026, as
follows: 

Sec.  501.026.  COVERAGE FOR CERTAIN SERVICES PROVIDED BY VOLUNTEERS. (a)
Defines "disaster."  

(b) Provides that a person, not otherwise covered by workers' compensation
insurance for the services performed under this section, who performs
volunteer services for the state in a disaster or in scheduled emergency
response training under the direction of an officer or employee of the
state is entitled to medical benefits for an injury sustained by the person
in the course of providing those services.  Provides that an injury is not
sustained in the course of providing services in a disaster unless the
injury occurs while the state of disaster may reasonably be considered to
be in existence. 

(c) Provides that a person employed by a political subdivision who is
injured in the course of providing services described by Subsection (b) is
entitled to benefits as provided by that subsection only if the services
are performed outside the jurisdiction of the political subdivision by
which the person is employed. 

(d) Authorizes a person entitled to benefits under this section to receive
the benefits only if the person seeks medical attention from a doctor for
the injury within 48 hours after the occurrence of the injury or after the
date the person knew or should have known the injury occurred.  Requires
the person to comply with the requirements of Section 409.001, Labor Code. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.