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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of workers' compensation insurance |
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coverage for certain Texas Task Force 1 members and intrastate fire |
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mutual aid system team and regional incident management team |
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members, including the removal of coverage for nongovernment |
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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 88.126(a)(2), Education Code, is amended |
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to read as follows: |
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(2) "Local government employee member" means a member |
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who is an employee, as defined by Section 504.001, Labor Code, of |
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[employed by] a political subdivision [local government], as |
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defined by that section [Section 102.001, Civil Practice and |
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Remedies Code]. |
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SECTION 2. Section 88.126, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Service with an intrastate fire mutual aid system team |
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or a regional incident management team by a local government |
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employee member who is activated is considered to be in the course |
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and scope of the employee's regular employment with the political |
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subdivision. |
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SECTION 3. Section 88.301(1), Education Code, is amended to |
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read as follows: |
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(1) "Local government employee member" means a member |
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who is an employee, as defined by Section 504.001, Labor Code, of |
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[employed by] a political subdivision, [local government] as |
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defined by that section [Section 102.001, Civil Practice and |
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Remedies Code]. |
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SECTION 4. Section 88.303, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) Service with Texas Task Force 1 by a local government |
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employee member who is activated is considered to be in the course |
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and scope of the employee's regular employment with the political |
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subdivision. |
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SECTION 5. The heading to Section 408.0445, Labor Code, is |
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amended to read as follows: |
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Sec. 408.0445. AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE |
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MILITARY FORCES[, TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL AID |
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SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS]. |
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SECTION 6. Section 501.001(5), Labor Code, is amended to |
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read as follows: |
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(5) "Employee" means a person who is: |
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(A) in the service of the state pursuant to an |
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election, appointment, or express oral or written contract of hire; |
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(B) paid from state funds but whose duties |
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require that the person work and frequently receive supervision in |
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a political subdivision of the state; |
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(C) a peace officer employed by a political |
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subdivision, while the peace officer is exercising authority |
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granted under: |
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(i) Article 2A.001, Code of Criminal |
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Procedure; or |
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(ii) Articles 14.03(d) and (g), Code of |
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Criminal Procedure; or |
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(D) a member of the state military forces, as |
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defined by Section 437.001, Government Code, who is engaged in |
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authorized training or duty[; |
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[(E) a Texas Task Force 1 member, as defined by |
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Section 88.301, Education Code, who is activated by the Texas |
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Division of Emergency Management or is injured during training |
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sponsored or sanctioned by Texas Task Force 1; or |
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[(F) an intrastate fire mutual aid system team |
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member or a regional incident management team member, as defined by |
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Section 88.126, Education Code, who is activated by the Texas |
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Division of Emergency Management or is injured during training |
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sponsored or sanctioned by the Texas Division of Emergency |
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Management on behalf of an intrastate fire mutual aid system team or |
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a regional incident management team, as applicable]. |
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SECTION 7. Chapter 506, Labor Code, is amended by adding |
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Section 506.003 to read as follows: |
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Sec. 506.003. PROVISIONS APPLICABLE TO MEMBERS OF TEXAS |
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TASK FORCE 1, INTRASTATE FIRE MUTUAL AID SYSTEM TEAM, OR REGIONAL |
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INCIDENT MANAGEMENT TEAM. (a) This section applies only to an |
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employee, as defined by Section 501.001, 502.001, 503.001, 504.001, |
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or 505.001, who is: |
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(1) a member of Texas Task Force 1, as defined by |
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Section 88.302, Education Code, or a member of an intrastate fire |
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mutual aid system team or a regional incident management team, as |
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defined by Section 88.126, Education Code; and |
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(2) activated by the Texas Division of Emergency |
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Management or is injured during training that is sponsored or |
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sanctioned by the Texas Division of Emergency Management or Texas |
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Task Force 1. |
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(b) For purposes of workers' compensation coverage under |
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Chapter 501, service with Texas Task Force 1, an intrastate fire |
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mutual aid system team, or a regional incident management team, as |
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applicable, by an employee, as defined by Section 501.001, is: |
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(1) considered to be in the course and scope of the |
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employee's regular employment; and |
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(2) included in the coverage provided under Chapter |
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501. |
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(c) For purposes of workers' compensation coverage under |
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Chapter 503 or 505, service with Texas Task Force 1, an intrastate |
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fire mutual aid system team, or a regional incident management |
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team, as applicable, by an employee, as defined by Section 503.001 |
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or 505.001, as applicable, is: |
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(1) considered to be in the course and scope of the |
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employee's regular employment; and |
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(2) included in the coverage provided under Chapter |
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501 in the same manner as an employee, as defined by Section |
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501.001. |
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(d) For purposes of workers' compensation coverage under |
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Chapter 502, service with Texas Task Force 1, an intrastate fire |
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mutual aid system team, or a regional incident management team, as |
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applicable, by an employee, as defined by Section 502.001, is: |
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(1) considered to be in the course and scope of the |
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employee's regular employment; and |
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(2) included in the coverage provided under Chapter |
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502. |
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(e) For purposes of workers' compensation coverage under |
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Chapter 504, service with Texas Task Force 1, an intrastate fire |
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mutual aid system team, or a regional incident management team, as |
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applicable, by an employee, as defined by Section 504.001, is: |
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(1) considered to be in the course and scope of the |
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employee's regular employment; and |
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(2) included in the coverage provided under Chapter |
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504. |
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SECTION 8. The following provisions are repealed: |
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(1) Section 88.126(a)(4), Education Code; |
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(2) Section 88.126(b), Education Code; |
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(3) Section 88.301(3), Education Code; |
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(4) Section 88.303(a), Education Code; |
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(5) Sections 408.0445(b) and (c), Labor Code; and |
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(6) Sections 501.002(f) and (g), Labor Code. |
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SECTION 9. 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 10. This Act takes effect September 1, 2025. |
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* * * * * |