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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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intrastate fire mutual aid system team members and regional |
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incident management team members. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 88, Education Code, is |
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amended by adding Section 88.126 to read as follows: |
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Sec. 88.126. WORKERS' COMPENSATION INSURANCE COVERAGE: |
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INTRASTATE FIRE MUTUAL AID SYSTEM AND REGIONAL INCIDENT MANAGEMENT |
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TEAMS. (a) In this section: |
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(1) "Intrastate fire mutual aid system team" means an |
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intrastate fire mutual aid system team established under the state |
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emergency management plan under Section 418.042, Government Code, |
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or the statewide mutual aid program for fire emergencies under |
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Section 418.110, Government Code, and coordinated by the Texas A&M |
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Forest Service to assist the state with fire suppression and |
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all-hazard emergency response activities before and following a |
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natural or man-made disaster. |
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(2) "Local government employee member" means a member |
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employed by a local government, as defined by Section 102.001, |
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Civil Practice and Remedies Code. |
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(3) "Member" means an individual, other than an |
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employee of The Texas A&M University System, who has been |
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officially designated as a member of an intrastate fire mutual aid |
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system team or a regional incident management team. |
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(4) "Nongovernment member" means a member who is not a |
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state employee member, a local government employee member, or an |
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employee of The Texas A&M University System. |
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(5) "Regional incident management team" means a |
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regional incident management team established under Section 88.122 |
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or under the state emergency management plan under Section 418.042, |
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Government Code, and coordinated by the Texas A&M Forest Service to |
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assist the state with managing incident response activities before |
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and following a natural or man-made disaster. |
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(6) "State employee member" means a member employed by |
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an agency of the state other than a component of The Texas A&M |
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University System. |
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(b) Notwithstanding any other law, during any period in |
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which an intrastate fire mutual aid system team or a regional |
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incident management team is activated by the Texas Division of |
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Emergency Management, or during any training session sponsored or |
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sanctioned by the Texas Division of Emergency Management for an |
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intrastate fire mutual aid system team or a regional incident |
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management team, a participating nongovernment member or local |
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government employee member is included in the coverage provided |
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under Chapter 501, Labor Code, in the same manner as an employee, as |
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defined by Section 501.001, Labor Code. |
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(c) Service with an intrastate fire mutual aid system team |
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or a regional incident management team by a state employee member |
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who is activated is considered to be in the course and scope of the |
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employee's regular employment with the state. |
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(d) Service with an intrastate fire mutual aid system team |
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or a regional incident management team by an employee of The Texas |
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A&M University System is considered to be in the course and scope of |
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the employee's regular employment with The Texas A&M University |
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System. |
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(e) Notwithstanding Section 412.0123, Labor Code, as added |
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by Chapter 1098 (H.B. 2133), Acts of the 75th Legislature, Regular |
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Session, 1997, the Texas Division of Emergency Management shall |
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reimburse the State Office of Risk Management for the actual |
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medical and indemnity benefits paid on behalf of a covered member of |
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an intrastate fire mutual aid system team or a regional incident |
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management team at the beginning of the next state fiscal year |
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occurring after the date the benefits are paid. |
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SECTION 2. 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, [AND] TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL |
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AID SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS. |
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SECTION 3. Section 408.0445, Labor Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of computing income benefits or death |
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benefits under Section 88.126, Education Code, the average weekly |
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wage of an intrastate fire mutual aid system team member or a |
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regional incident management team member, as defined by Section |
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88.126, Education Code, who is engaged in authorized training or |
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duty is an amount equal to the sum of the member's regular weekly |
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wage at any employment, including self-employment, that the member |
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holds in addition to serving as 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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applicable, except that the amount may not exceed 100 percent of the |
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state average weekly wage as determined under Section 408.047. A |
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member for whom an average weekly wage cannot be computed shall be |
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paid the minimum weekly benefit established by the division. |
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SECTION 4. 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 2.12, 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; |
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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; [or] |
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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 5. Section 501.002, Labor Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) For purposes of this chapter and Section 88.126, |
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Education Code, the Texas A&M Forest Service shall perform all |
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duties of an employer in relation to an intrastate fire mutual aid |
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system team member or a regional incident management team member |
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who is injured and receives benefits under this chapter. |
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SECTION 6. 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 7. This Act takes effect September 1, 2017. |