BILL ANALYSIS


Senate Research CenterC.S.H.B. 2116
78R13937 KEL-F      By: Brown, Fred (Ogden)
Infrastructure Development and Security
5/13/2003
Committee Report (Substituted)

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.  C.S.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. 

(d) Requires the governor's division of emergency management to reimburse
the State Office of Risk Management for the actual medical and indemnity
benefits paid on behalf of a covered member of the Texas Task Force 1 at
the beginning of the next fiscal year occurring after the date the
benefits are paid, notwithstanding  
SRC-TJG, JEC C.S.H.B. 2116 78(R)
 Section 412.0123 (Allocation of Worker's Compensation and Risk Management
Costs), Labor Code, as added by Chapter 1098, Acts of the 75th
Legislature, Regular Session, 1997. 

SECTION 2.  Amends Section 408.0445, Labor Code, as follows:

Sec. 408.0445.  New heading: AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE
MILITARY FORCES AND TEXAS TASK FORCE 1.  (a) Created from existing text. 

(b) Provides that, for purposes of computing income benefits or death
benefits under Section 88.303, Education Code, the average weekly wage of
a Texas Task Force 1 member, as defined by Section 88.301, Education Code,
who is engaged in authorized training or duty is an amount equal to the
sum of the member's regular weekly wage at any employment, including
self-employment, that the member holds in addition to serving as a member
of Texas Task Force 1, except that the amount may not exceed 100 percent
of the state average weekly wage as determined under Section 408.047.
Requires a member for whom an average weekly wage cannot be computed to be
paid the minimum weekly benefit established by the Texas Workers'
Compensation Commission. 

SECTION 3.  Amends Section 501.001(5), Labor Code, to redefine "employee."

SECTION 4.  Amends Section 501.002, Labor Code, by adding Subsection (f),
to require the Texas Engineering Extension Service of The Texas A&M
University System to perform all duties of an employer in relation to a
Texas Task Force 1 member who is injured and receives benefits under this
chapter, for purposes of this chapter and Subchapter D, Chapter 88,
Education Code. 

SECTION 5.  Effective date:  upon passage or September 1, 2003.





SRC-TJG, JEC C.S.H.B. 2116 78(R)