1-1     By:  Gallegos                                         S.B. No. 1324
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Human Services;
 1-4     April 23, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 23, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1324                By:  Gallegos
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to eligibility for workers' compensation benefits for
1-11     persons who provide certain volunteer services.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 501, Labor Code, is amended
1-14     by adding Section 501.026 to read as follows:
1-15           Sec. 501.026.  COVERAGE FOR CERTAIN SERVICES PROVIDED BY
1-16     VOLUNTEERS.  (a)  In this section, "disaster" means an occurrence
1-17     in which the governor has issued a declaration of a state of
1-18     disaster under Chapter 418, Government Code, or another occurrence
1-19     that initiates the state emergency management plan.
1-20           (b)  A person not otherwise covered by workers' compensation
1-21     insurance for the services performed under this section who
1-22     performs volunteer services for the state in a disaster or in
1-23     scheduled emergency response training under the direction of an
1-24     officer or employee of the state is entitled to medical benefits
1-25     under this chapter for an injury sustained by the person in the
1-26     course of providing those services.  For purposes of this
1-27     subsection, an injury is not sustained in the course of providing
1-28     services in a disaster unless the injury occurs while the state of
1-29     disaster may reasonably be considered to be in existence.
1-30           (c)  A person employed by a political subdivision who is
1-31     injured in the course of providing services described by Subsection
1-32     (b) is entitled to benefits as provided by that subsection only if
1-33     the services are performed outside the jurisdiction of the
1-34     political subdivision by which the person is employed.
1-35           (d)  A person entitled to benefits under this section may
1-36     receive the benefits only if the person seeks medical attention
1-37     from a doctor for the injury not later than 48 hours after the
1-38     occurrence of the injury or after the date the person knew or
1-39     should have known the injury occurred.  The person shall comply
1-40     with the requirements of Section 409.001 by providing notice of the
1-41     injury to the commission or the state agency with which the officer
1-42     or employee under Subsection (b) is associated.
1-43           SECTION 2.  This Act takes effect September 1, 1999, and
1-44     applies only to a claim for workers' compensation benefits based on
1-45     a compensable injury that occurs on or after that date.  A claim
1-46     based on a compensable injury that occurs before the effective date
1-47     of this Act is governed by the law in effect on the date the injury
1-48     occurred, and the former law is continued in effect for that
1-49     purpose.
1-50           SECTION 3.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended.
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