SRC-DPW C.S.S.B. 1324 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1324
76R12712 JMM-FBy: Gallegos
Human Services
4/22/1999
Committee Report (Substituted)


DIGEST 

Currently, in instances of declared disaster when search and rescue teams
are needed to provide volunteer services, a vast majority of team members
are provided by local political subdivisions.  Such individuals are
considered to be state volunteers because local political subdivisions
continue to pay team member salaries and the salaries of the people who
must be called in to replace place them at the local level.  Local
political subdivisions are concerned about having to pay workers'
compensation to employees who are injured when providing volunteer services
in times of declared disaster.  This bill would entitle certain persons who
perform volunteer services for the state in a declared disaster under the
direction of an officer or employee of the state or a political subdivision
of the state to workers' compensation benefits for injuries sustained by
the person in the course of providing such services. 

PURPOSE

As proposed, C.S.S.B. 1324 sets forth eligibility criteria for workers'
compensation benefits for certain persons who provide volunteer services in
a declared emergency. 

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. Defines
"disaster."  Entitles 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 a scheduled
emergency response training under the direction of an officer or employee
of the state or a political subdivision, to benefits under this chapter
only for injuries sustained in the course of providing services while a
state of disaster may reasonably be considered to be in existence.
Entitles a person employed by a political subdivision who is injured in the
course of providing services described by Subsection (b) to benefits only
if the services are performed outside the jurisdiction of the political
subdivision by which the person is employed.  Authorizes a person entitled
to benefits to receive benefits only if the person seeks medical attention
not later than 48 hours after the occurrence of the injury.  Requires the
person to comply with the requirements of Section 409.001 by providing
notice of the injury to the Texas Workers' Compensation Commission
(commission) or the state agency with which the officer or employee under
Subsection (b) is associated.  

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.







 SUMMARY OF COMMITTEE CHANGES

Relating clause.

Provides that this Act relates to eligibility for workers' compensation
benefits for persons who provide certain volunteer services. 

SECTION 1.

Amends Chapter 501B, Labor Code, to redefine "disaster."  Entitles a person
not otherwise covered by workers' compensation insurance for the services
performed under this section who performs volunteer services in a scheduled
emergency response training to benefits.  Entitles a person employed by a
political subdivision who is injured in the course of providing services to
benefits only if the services are performed outside the jurisdiction of the
political subdivision by which the person is employed.  Authorizes a person
entitled to benefits to receive benefits only if the person seeks medical
attention not later than 48 hours after the occurrence of the injury.
Requires the person to comply with the requirements of Section 409.001 by
providing notice of the injury to the commission or the state agency with
which the officer or employee is associated.