SRC-JEC H.B. 2116 78(R)    BILL ANALYSIS


Senate Research CenterH.B. 2116
78R7085 MI-FBy: Brown, Fred (Ogden)
Infrastructure Development and Security
4-30-2003
Engrossed

DIGEST AND PURPOSE 

Currently, there is no mechanism to provide workers' compensation, long
term disability, and other benefits for non-state-employed members of
Texas Task Force 1 while on state-activated deployments or training.
Texas Task Force 1 is the state's search and rescue response team designed
to provide a coordinated response to state and national disasters
including natural disasters and man-made technological and terrorist
events.  In the event participants are injured or killed during
state-activated deployments, no coverage exists for those personnel who
are not state employees.  H.B. 2116 provides appropriate coverage for
non-state-employed task force members while assigned as a state resource
either by activation by the governor's office or during team training
activities. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 88, Education Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  TEXAS TASK FORCE 1

 Sec. 88.301.  DEFINITIONS.  Defines "local government employee member,"
"member,"  "nongovernment member," and "state employee member." 

Sec. 88.302.  TEXAS TASK FORCE 1.  Provides that the Texas Task Force 1 is
a program of the Texas Engineering Extension Service providing training
and responding to assist in search, rescue, and recovery efforts following
natural or man-made disasters. 

Sec. 88.303.  WORKERS' COMPENSATION INSURANCE COVERAGE.  (a) Provides
that, notwithstanding any other law, during any period in which Texas Task
Force 1 is activated by the governor's division of emergency management,
or during any training session sponsored or sanctioned by Texas Task Force
1, a participating nongovernment member or local government employee
member is included in the coverage provided under Chapter 501, Labor Code,
in the same manner as an employee, as defined by Section 501.001, Labor
Code. 

(b)  Provides that service with Texas Task Force 1 by a state employee
member who is activated is considered to be in the course and scope of the
employee's regular employment with the state. 

(c)  Provides that service with Texas Task Force 1 by an employee of The
Texas A&M University System is considered to be in the course and scope of
the employee's regular employment with The Texas A&M University System. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.