1-1 By: Gallego (Senate Sponsor - Gallegos) H.B. No. 2706 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on 1-4 Administration; May 13, 1999, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 13, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to eligibility for workers' compensation benefits for 1-9 certain persons who provide certain volunteer services. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 501, Labor Code, is amended 1-12 by adding Section 501.026 to read as follows: 1-13 Sec. 501.026. COVERAGE FOR CERTAIN SERVICES PROVIDED BY 1-14 VOLUNTEERS. (a) In this section, "disaster" means an occurrence in 1-15 which the governor has issued a declaration of a state of disaster 1-16 under Chapter 418, Government Code, or another occurrence that 1-17 initiates the state emergency management plan. 1-18 (b) A person not otherwise covered by workers' compensation 1-19 insurance for the services performed under this section who 1-20 performs volunteer services for the state in a disaster or in 1-21 scheduled emergency response training under the direction of an 1-22 officer or employee of the state is entitled to medical benefits 1-23 under this chapter for an injury sustained by the person in the 1-24 course of providing those services. For purposes of this 1-25 subsection, an injury is not sustained in the course of providing 1-26 services in a disaster unless the injury occurs while the state of 1-27 disaster may reasonably be considered to be in existence. 1-28 (c) A person employed by a political subdivision who is 1-29 injured in the course of providing services described by Subsection 1-30 (b) is entitled to benefits as provided by that subsection only if 1-31 the services are performed outside the jurisdiction of the 1-32 political subdivision by which the person is employed. 1-33 (d) A person entitled to benefits under this section may 1-34 receive the benefits only if the person seeks medical attention 1-35 from a doctor for the injury not later than 48 hours after the 1-36 occurrence of the injury or after the date the person knew or 1-37 should have known the injury occurred. The person shall comply 1-38 with the requirements of Section 409.001 by providing notice of the 1-39 injury to the commission or the state agency with which the officer 1-40 or employee under Subsection (b) is associated. 1-41 SECTION 2. This Act takes effect immediately and applies 1-42 only to a claim for workers' compensation benefits based on a 1-43 compensable injury that occurs on or after that date. A claim 1-44 based on a compensable injury that occurs before the effective date 1-45 of this Act is governed by the law in effect on the date the injury 1-46 occurred, and the former law is continued in effect for that 1-47 purpose. 1-48 SECTION 3. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended, 1-53 and that this Act take effect and be in force from and after its 1-54 passage, and it is so enacted. 1-55 * * * * *