85R21834 KKR-D     By: Kacal, Shine, King of Hemphill, et al. H.B. No. 919       A BILL TO BE ENTITLED   AN ACT   relating to workers' compensation insurance coverage for certain   intrastate fire mutual aid system team members and regional   incident management team members.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 88, Education Code, is   amended by adding Section 88.126 to read as follows:          Sec. 88.126.  WORKERS' COMPENSATION INSURANCE COVERAGE:   INTRASTATE FIRE MUTUAL AID SYSTEM AND REGIONAL INCIDENT MANAGEMENT   TEAMS. (a)  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)  "Local government employee member" means a member   employed by a local government, as defined by Section 102.001,   Civil Practice and Remedies Code.                (3)  "Member" means an individual, other than an   employee of The Texas A&M University System, who has been   officially designated as a member of an intrastate fire mutual aid   system team or a regional incident management team.                (4)  "Nongovernment member" means a member who is not a   state employee member, a local government employee member, or an   employee of The Texas A&M University System.                (5)  "Regional incident management team" means a   regional incident management team established under Section 88.122   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.                (6)  "State employee member" means a member employed by   an agency of the state other than a component of The Texas A&M   University System.          (b)  Notwithstanding any other law, during any period in   which an intrastate fire mutual aid system team or a regional   incident management team is activated by the Texas Division of   Emergency Management, or during any training session sponsored or   sanctioned by the Texas Division of Emergency Management for an   intrastate fire mutual aid system team or a regional incident   management team, a participating nongovernment member or local   government employee member is included in the coverage provided   under Chapter 501, Labor Code, in the same manner as an employee, as   defined by Section 501.001, Labor Code.          (c)  Service with an intrastate fire mutual aid system team   or a regional incident management team by a state employee member   who is activated is considered to be in the course and scope of the   employee's regular employment with the state.          (d)  Service with an intrastate fire mutual aid system team   or a regional incident management team by an employee of The Texas   A&M University System is considered to be in the course and scope of   the employee's regular employment with The Texas A&M University   System.          SECTION 2.  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, [AND] TEXAS TASK FORCE 1, INTRASTATE FIRE MUTUAL   AID SYSTEM TEAMS, AND REGIONAL INCIDENT MANAGEMENT TEAMS.          SECTION 3.  Section 408.0445, Labor Code, is amended by   adding Subsection (c) to read as follows:          (c)  For purposes of computing income benefits or death   benefits under Section 88.126, Education Code, the average weekly   wage of 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 engaged in authorized training or   duty is an amount equal to the sum of the member's regular weekly   wage at any employment, including self-employment, that the member   holds in addition to serving as a member of an intrastate fire   mutual aid system team or a regional incident management team, as   applicable, except that the amount may not exceed 100 percent of the   state average weekly wage as determined under Section 408.047.  A   member for whom an average weekly wage cannot be computed shall be   paid the minimum weekly benefit established by the division.          SECTION 4.  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 2.12, Code of Criminal   Procedure; or                            (ii)  Articles 14.03(d) and (g), Code of   Criminal Procedure;                      (D)  a member of the state military forces, as   defined by Section 437.001, Government Code, who is engaged in   authorized training or duty; [or]                      (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 5.  Section 501.002, Labor Code, is amended by   adding Subsection (g) to read as follows:          (g)  For purposes of this chapter and Section 88.126,   Education Code, the Texas A&M Forest Service shall perform all   duties of an employer in relation to an intrastate fire mutual aid   system team member or a regional incident management team member   who is injured and receives benefits under this chapter.          SECTION 6.  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 7.  This Act takes effect September 1, 2017.