76R10102 JMM-F                           
         By Gallego                                            H.B. No. 2706
         Substitute the following for H.B. No. 2706:
         By Dukes                                          C.S.H.B. No. 2706
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility for workers' compensation benefits for
 1-3     certain persons who provide volunteer services in a declared
 1-4     emergency.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter B, Chapter 501, Labor Code, is amended
 1-7     by adding Section 501.026 to read as follows:
 1-8           Sec. 501.026.  COVERAGE FOR CERTAIN SERVICES PROVIDED BY
 1-9     VOLUNTEERS.  (a) In this section, "disaster" means an occurrence in
1-10     which the governor has issued a declaration of a state of disaster
1-11     under Chapter 418, Government Code, or another occurrence that
1-12     initiates the state emergency management plan.
1-13           (b)  A person not otherwise covered by workers' compensation
1-14     insurance for the services performed under this section who
1-15     performs volunteer services for the state in a disaster under the
1-16     direction of an officer or employee of the state is entitled to
1-17     medical benefits under this chapter for an injury sustained by the
1-18     person in the course of providing those services.  For purposes of
1-19     this subsection, an injury is not sustained in the course of
1-20     providing services in a disaster unless the injury occurs while the
1-21     state of 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 September 1, 1999, and
2-12     applies only to a claim for workers' compensation benefits based on
2-13     a 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.