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. 1-55 * * * * *