SB2990 - Relating to removing the requirement of provision of workers' compensation insurance coverage for Texas Task Force 1 members and members of intrastate fire mutual aid system teams and regional incident management teams.

  89R15857 KKR-F     By: Schwertner S.B. No. 2990       A BILL TO BE ENTITLED   AN ACT   relating to removing the requirement of provision of workers'   compensation insurance coverage for Texas Task Force 1 members and   members of intrastate fire mutual aid system teams and regional   incident management teams.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  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 3.  Section 501.024, Labor Code, is amended to read   as follows:          Sec. 501.024.  EXCLUSIONS FROM COVERAGE.   (a)  The following   persons are excluded from coverage as an employee under this   chapter:                (1)  a person performing personal services for the   state as an independent contractor or volunteer;                (2)  a person who at the time of injury was performing   services for the federal government and who is covered by some form   of federal workers' compensation insurance;                (3)  a prisoner or inmate of a prison or correctional   institution, other than a work program participant participating in   a Texas Correctional Industries contract described by Section   497.006, Government Code;                (4)  a client or patient of a state agency;                (5)  a person employed by the Texas Department of   Transportation who is covered under Chapter 505;                (6)  a person employed by The University of Texas   System who is covered by Chapter 503; [ and ]                (7)  a person employed by The Texas A&M University   System who is covered by Chapter 502 ;                   (8)     a Texas Task Force 1 member who is activated by the   Texas Division of Emergency Management or is injured during   training sponsored or sanctioned by Texas Task Force 1; and                 (9)     an intrastate fire mutual aid system team member   or a regional incident management team member 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 .           (b)  In this section:                 (1)     "Intrastate fire mutual aid system team" means an   intrastate fire mutual aid system team established under the state   emergency management plan under Section 418.042, Government Code,   or the statewide mutual aid program for fire emergencies under   Section 418.110, Government Code, and coordinated by the Texas A&M   Forest Service to assist the state with fire suppression and   all-hazard emergency response activities before and following a   natural or man-made disaster.                 (2)     "Member" means an individual, other than an   employee of The Texas A&M University System, who has been   officially designated as a member of Texas Task Force 1, an   intrastate fire mutual aid system team, or a regional incident   management team.                 (3)     "Regional incident management team" means a   regional incident management team established under Section   88.122, Education Code, or under the state emergency management   plan under Section 418.042, Government Code, and coordinated by the   Texas A&M Forest Service to assist the state with managing incident   response activities before and following a natural or man-made   disaster.                 (4)     "Texas Task Force 1" means the program of the Texas   Engineering Extension Service of The Texas A&M University System   under Subchapter D, Chapter 88, Education Code, providing training   and responding to assist in search, rescue, and recovery efforts   following natural or man-made disasters.          SECTION 4.  The following provisions are repealed:                (1)  Section 88.126, Education Code;                (2)  Sections 88.301 and 88.303, Education Code;                (3)  Sections 408.0445(b) and (c), Labor Code; and                (4)  Sections 501.002(f) and (g), Labor Code.          SECTION 5.  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 6.  This Act takes effect September 1, 2025.