H.B. 2116 78(R)    BILL ANALYSIS


H.B. 2116
By: Brown, Fred
Higher Education
Committee Report (Unamended)
        


BACKGROUND AND PURPOSE 

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 (hurricanes, earthquakes, tornadoes, flooding)
and man-made technological and terrorist events.  The team is comprised of
personnel from various local public safety agencies as well as from the
private sector.  All task force members are highly trained in search and
rescue skill areas. 

At present 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.  In
the event participants are injured or killed during state-activated
deployments, no coverage exists for those personnel who are not State
employees.  If the task force is activated by the Federal Emergency
Management Agency (FEMA), all members are covered for the purpose of
workers' compensation, disability coverage and other benefits by the
federal government.  The bill would provide 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. 

The current system of staffing the Task Force utilizing trained personnel
from local and private entities is the most cost-effective system. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

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

SUBCHAPTER D. TEXAS TASK FORCE 1

Sec. 88.301.  Defines "local government employee member," "member,"
"nongovernment member," and "state employee member," for purposes of this
Act. 

Sec. 88.302.  Provides that Texas Task Force 1 is a program of the Texas
Engineering Extension Service that provides training and response to
assist in disaster search, rescue and recovery efforts. 

Sec. 88.303(a).  Provides that 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 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 an active  state employee member of Texas Task Force 1
is considered to be in the normal course and scope of their regular
employment with the state. 

(c) Provides that a Texas A&M employee who serves with Texas Taskforce 1
is considered to be in the normal course and scope of their regular
employment with The Texas A&M University System. 
 
SECTION 2.  Provides that upon receiving a two-thirds vote of both houses,
this Act takes immediate effect or, if the Act does not receive the
necessary vote, the Act takes effect September 1, 2003. 

EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003.