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A BILL TO BE ENTITLED
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AN ACT
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relating to workers' compensation insurance coverage for certain |
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travel by emergency service organization employees and volunteer |
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members. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.011(12), Labor Code, is amended to |
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read as follows: |
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(12) "Course and scope of employment" means an |
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activity of any kind or character that has to do with and originates |
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in the work, business, trade, or profession of the employer and that |
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is performed by an employee while engaged in or about the |
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furtherance of the affairs or business of the employer. The term |
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includes an activity conducted on the premises of the employer or at |
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other locations. The term does not include: |
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(A) transportation to and from the place of |
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employment unless: |
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(i) the transportation is furnished as a |
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part of the contract of employment or is paid for by the employer; |
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(ii) the means of the transportation are |
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under the control of the employer; [or] |
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(iii) the employee is directed in the |
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employee's employment to proceed from one place to another place; |
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or |
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(iv) the travel is by an employee or |
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volunteer member of an emergency service organization under Section |
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406.098 who, after receiving notification of an emergency incident |
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requiring the employee's or volunteer member's presence, is |
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traveling in any vehicle directly to or directly from the incident |
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scene; or |
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(B) travel by the employee in the furtherance of |
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the affairs or business of the employer if the travel is also in |
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furtherance of personal or private affairs of the employee unless: |
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(i) the travel to the place of occurrence of |
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the injury would have been made even had there been no personal or |
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private affairs of the employee to be furthered by the travel; and |
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(ii) the travel would not have been made had |
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there been no affairs or business of the employer to be furthered by |
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the travel. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |