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.