HB4464 - Relating to the provision of workers' compensation insurance coverage for certain Texas Task Force 1 members and intrastate fire mutual aid system team and regional incident management team members, including the removal of coverage for nongovernment members.

      H.B. No. 4464         AN ACT   relating to the provision of workers' compensation insurance   coverage for certain Texas Task Force 1 members and intrastate fire   mutual aid system team and regional incident management team   members, including the removal of coverage for nongovernment   members.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 88.126(a)(2), Education Code, is amended   to read as follows:                (2)  "Local government employee member" means a member   who is an employee, as defined by Section 504.001, Labor Code, of   [ employed by ] a political subdivision  [ local government ], as   defined by that section  [ Section 102.001, Civil Practice and   Remedies Code ].          SECTION 2.  Section 88.126, Education Code, is amended by   adding Subsection (e) to read as follows:           (e)     Service with an intrastate fire mutual aid system team   or a regional incident management team by a local government   employee member who is activated is considered to be in the course   and scope of the employee's regular employment with the political   subdivision.          SECTION 3.  Section 88.301(1), Education Code, is amended to   read as follows:                (1)  "Local government employee member" means a member   who is an employee, as defined by Section 504.001, Labor Code, of   [ employed by ] a political subdivision, [ local government ] as   defined by that section [ Section 102.001, Civil Practice and   Remedies Code ].          SECTION 4.  Section 88.303, Education Code, is amended by   adding Subsection (c-1) to read as follows:           (c-1)     Service with Texas Task Force 1 by a local government   employee member who is activated is considered to be in the course   and scope of the employee's regular employment with the political   subdivision.          SECTION 5.  The heading to Section 408.0445, Labor Code, is   amended to read as follows:          Sec. 408.0445.  AVERAGE WEEKLY WAGE FOR MEMBERS OF STATE   MILITARY FORCES[ , TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL AID   SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS ].          SECTION 6.  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 2A.001, 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 437.001, Government Code, who is engaged in   authorized training or duty[ ;                      [ (E)     a Texas Task Force 1 member, as defined by   Section 88.301, Education Code, who is activated by the Texas   Division of Emergency Management or is injured during training   sponsored or sanctioned by Texas Task Force 1; or                      [ (F)     an intrastate fire mutual aid system team   member or a regional incident management team member, as defined by   Section 88.126, Education Code, who is activated by the Texas   Division of Emergency Management or is injured during training   sponsored or sanctioned by the Texas Division of Emergency   Management on behalf of an intrastate fire mutual aid system team or   a regional incident management team, as applicable ].          SECTION 7.  Chapter 506, Labor Code, is amended by adding   Section 506.003 to read as follows:           Sec.   506.003.     PROVISIONS APPLICABLE TO MEMBERS OF TEXAS   TASK FORCE 1, INTRASTATE FIRE MUTUAL AID SYSTEM TEAM, OR REGIONAL   INCIDENT MANAGEMENT TEAM.   (a)   This section applies only to an   employee, as defined by Section 501.001, 502.001, 503.001, 504.001,   or 505.001, who is:                 (1)     a member of Texas Task Force 1, as defined by   Section 88.302, Education Code, or a member of an intrastate fire   mutual aid system team or a regional incident management team, as   defined by Section 88.126, Education Code; and                 (2)     activated by the Texas Division of Emergency   Management or is injured during training that is sponsored or   sanctioned by the Texas Division of Emergency Management or Texas   Task Force 1.           (b)     For purposes of workers' compensation coverage under   Chapter 501, service with Texas Task Force 1, an intrastate fire   mutual aid system team, or a regional incident management team, as   applicable, by an employee, as defined by Section 501.001, is:                 (1)     considered to be in the course and scope of the   employee's regular employment; and                 (2)     included in the coverage provided under Chapter   501.           (c)     For purposes of workers' compensation coverage under   Chapter 503 or 505, service with Texas Task Force 1, an intrastate   fire mutual aid system team, or a regional incident management   team, as applicable, by an employee, as defined by Section 503.001   or 505.001, as applicable, is:                 (1)     considered to be in the course and scope of the   employee's regular employment; and                 (2)     included in the coverage provided under Chapter   501 in the same manner as an employee, as defined by Section   501.001.           (d)     For purposes of workers' compensation coverage under   Chapter 502, service with Texas Task Force 1, an intrastate fire   mutual aid system team, or a regional incident management team, as   applicable, by an employee, as defined by Section 502.001, is:                 (1)     considered to be in the course and scope of the   employee's regular employment; and                 (2)     included in the coverage provided under Chapter   502.           (e)     For purposes of workers' compensation coverage under   Chapter 504, service with Texas Task Force 1, an intrastate fire   mutual aid system team, or a regional incident management team, as   applicable, by an employee, as defined by Section 504.001, is:                 (1)     considered to be in the course and scope of the   employee's regular employment; and                 (2)     included in the coverage provided under Chapter   504.          SECTION 8.  The following provisions are repealed:                (1)  Section 88.126(a)(4), Education Code;                (2)  Section 88.126(b), Education Code;                (3)  Section 88.301(3), Education Code;                (4)  Section 88.303(a), Education Code;                (5)  Sections 408.0445(b) and (c), Labor Code; and                (6)  Sections 501.002(f) and (g), Labor Code.          SECTION 9.  The change in law made by this Act applies only   to a claim for workers' compensation benefits based on a   compensable injury that occurs on or after the effective date of   this Act. A claim based on a compensable injury that occurs before   the effective date of this Act is governed by the law in effect on   the date the compensable injury occurred, and the former law is   continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4464 was passed by the House on May 7,   2025, by the following vote:  Yeas 146, Nays 2, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 4464 on May 30, 2025, by the following vote:  Yeas 108, Nays 28,   3 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 4464 was passed by the Senate, with   amendments, on May 28, 2025, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor