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A BILL TO BE ENTITLED
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AN ACT
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relating to workers' compensation for employees and volunteers of |
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an emergency service organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Chapter 401, Labor Code, is amended to |
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read as follows: |
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Sec. 401.11 (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 employment |
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unless: |
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(i) the transportation is furnished as a part of |
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the contract of employment or is paid for by the employer; |
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(ii) the means of the transportation are under |
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the control of the employer; or |
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(iii) the employee is directed in the employee's |
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employment to proceed from one place to another place; or |
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(iv) the employee or volunteer is a member of an |
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emergency service organization and, after receiving notification |
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of an emergency incident requiring the employee or volunteer |
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member's presence, is in any vehicle and only directly responding |
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to or directly returning from the emergency call to duty. |
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(B) travel by the employee in the furtherance of the |
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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 the |
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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. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |