1-1 AN ACT
1-2 relating to eligibility for workers' compensation benefits for
1-3 certain persons who provide certain volunteer services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 501, Labor Code, is amended
1-6 by adding Section 501.026 to read as follows:
1-7 Sec. 501.026. COVERAGE FOR CERTAIN SERVICES PROVIDED BY
1-8 VOLUNTEERS. (a) In this section, "disaster" means an occurrence in
1-9 which the governor has issued a declaration of a state of disaster
1-10 under Chapter 418, Government Code, or another occurrence that
1-11 initiates the state emergency management plan.
1-12 (b) A person not otherwise covered by workers' compensation
1-13 insurance for the services performed under this section who
1-14 performs volunteer services for the state in a disaster or in
1-15 scheduled emergency response training under the direction of an
1-16 officer or employee of the state is entitled to medical benefits
1-17 under this chapter for an injury sustained by the person in the
1-18 course of providing those services. For purposes of this
1-19 subsection, an injury is not sustained in the course of providing
1-20 services in a disaster unless the injury occurs while the state of
1-21 disaster may reasonably be considered to be in existence.
1-22 (c) A person employed by a political subdivision who is
1-23 injured in the course of providing services described by Subsection
1-24 (b) is entitled to benefits as provided by that subsection only if
2-1 the services are performed outside the jurisdiction of the
2-2 political subdivision by which the person is employed.
2-3 (d) A person entitled to benefits under this section may
2-4 receive the benefits only if the person seeks medical attention
2-5 from a doctor for the injury not later than 48 hours after the
2-6 occurrence of the injury or after the date the person knew or
2-7 should have known the injury occurred. The person shall comply
2-8 with the requirements of Section 409.001 by providing notice of the
2-9 injury to the commission or the state agency with which the officer
2-10 or employee under Subsection (b) is associated.
2-11 SECTION 2. This Act takes effect immediately and applies
2-12 only to a claim for workers' compensation benefits based on a
2-13 compensable injury that occurs on or after that date. A claim
2-14 based on a compensable injury that occurs before the effective date
2-15 of this Act is governed by the law in effect on the date the injury
2-16 occurred, and the former law is continued in effect for that
2-17 purpose.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2706 was passed by the House on May
8, 1999, by the following vote: Yeas 123, Nays 19, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2706 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor