By: Brown of Brazos, Mercer (Senate Sponsor - Ogden) H.B. No. 2116
(In the Senate - Received from the House April 14, 2003;
April 15, 2003, read first time and referred to Committee on
Infrastructure Development and Security; May 14, 2003, reported
adversely, with favorable Committee Substitute by the following
vote: Yeas 9, Nays 0; May 14, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2116 By: Ogden
A BILL TO BE ENTITLED
AN ACT
relating to the operation of Texas Task Force 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 88, Education Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. TEXAS TASK FORCE 1
Sec. 88.301. DEFINITIONS. In this subchapter:
(1) "Local government employee member" means a member
employed by a local government as defined by Section 102.001, Civil
Practice and Remedies Code.
(2) "Member" means an individual, other than an
employee of The Texas A&M University System, who has been
officially designated as a member of Texas Task Force 1.
(3) "Nongovernment member" means a member who is not a
state employee member, a local government employee member, or an
employee of The Texas A&M University System.
(4) "State employee member" means a member employed by
an agency of the state other than a component of The Texas A&M
University System.
Sec. 88.302. TEXAS TASK FORCE 1. 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)
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) 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) 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) Notwithstanding Section 412.0123, Labor Code, as added
by Chapter 1098, Acts of the 75th Legislature, Regular Session,
1997, the governor's division of emergency management shall
reimburse the State Office of Risk Management for the actual
medical and indemnity benefits paid on behalf of a covered member of
Texas Task Force 1 at the beginning of the next state fiscal year
occurring after the date the benefits are paid.
SECTION 2. Section 408.0445, Labor Code, is amended to read
as follows:
Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF [THE]
STATE MILITARY FORCES AND TEXAS TASK FORCE 1. (a) For purposes of
computing income benefits or death benefits under Section 431.104,
Government Code, the average weekly wage of a member of the state
military forces as defined by Section 431.001, Government 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 the member
holds in addition to serving as a member of the state military
forces, disregarding any period during which the member is not
fully compensated for that employment because the member is engaged
in authorized military training or duty, and the member's regular
weekly wage as a member of the state military forces, except that
the amount may not exceed 100 percent of the state average weekly
wage as determined under Section 408.047.
(b) 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. A member for whom an
average weekly wage cannot be computed shall be paid the minimum
weekly benefit established by the commission.
SECTION 3. Section 501.001(5), Labor Code, is amended to
read as follows:
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an
election, appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties
require that the person work and frequently receive supervision in
a political subdivision of the state;
(C) a peace officer employed by a political
subdivision, while the peace officer is exercising authority
granted under:
(i) Article 12, Code of Criminal Procedure;
or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure; [or]
(D) a member of the state military forces, as
defined by Section 431.001, Government Code, who is engaged in
authorized training or duty; or
(E) a Texas Task Force 1 member, as defined by
Section 88.301, Education Code, who is activated by the governor's
division of emergency management or is injured during any training
session sponsored or sanctioned by Texas Task Force 1.
SECTION 4. Section 501.002, Labor Code, is amended by
adding Subsection (f) to read as follows:
(f) For purposes of this chapter and Subchapter D, Chapter
88, Education Code, the Texas Engineering Extension Service of The
Texas A&M University System shall perform all duties of an employer
in relation to a Texas Task Force 1 member who is injured and
receives benefits under this chapter.
SECTION 5. 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.
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