HBA-ATS H.B. 2706 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2706
By: Gallego
Business & Industry
6/11/1999
Enrolled



BACKGROUND AND PURPOSE 

During a disaster that requires emergency action, the state may look to its
citizens for help when state manpower is overwhelmed.  However, concerns
about personal safety and welfare dissuade some people from volunteering
their services.  H.B. 2706 entitles a person, not otherwise covered by
workers' compensation insurance for volunteer services, who performs
volunteer services for the state in a disaster or in scheduled emergency
response training under the direction of an officer or employee of the
state to medical benefits for an injury sustained by the person in the
course of providing those services.  Under this bill, a person is entitled
to receive medical benefits only if the person seeks medical attention from
a doctor for the injury within 48 hours after the injury occurred or after
the date the person knew or should have known about the injury. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 501, Labor Code, by adding Section
501.026, as follows: 

Sec. 501.026.  COVERAGE FOR CERTAIN SERVICES PROVIDED BY VOLUNTEERS. (a)
Defines "disaster." 

(b) Entitles a person, not otherwise covered by workers' compensation
insurance for volunteer services, who performs volunteer services in a
disaster or in scheduled emergency response training under the direction of
an officer or employee of the state to medical benefits under this chapter
(Workers' Compensation Insurance Coverage for State Employees, Including
Employees Under the Direction or Control of the Board of Regents of Texas
Tech University) for an injury sustained by the person in the course of
providing those services.  Provides that an injury is not sustained in the
course of providing services in a disaster unless the injury occurs during
the existence of the state of disaster. 

(c) Provides that a person employed by a political subdivision who is
injured while performing volunteer services for the state in a disaster
under the direction of an officer or employee of the state is entitled to
medical benefits only if the services are performed outside the
jurisdiction of the political subdivision that employs the person. 

(d) Authorizes a person entitled to medical benefits to receive them only
if the person seeks medical attention from a doctor for the injury within
48 hours after the injury occurred or after the date the person knew or
should have known about the injury. Requires an injured person to comply
with the requirements of Section 409.001 (Notice of Injury to Employer),
Labor Code. 

SECTION 2.Makes application of this Act prospective.

 SECTION 3.Emergency clause.
  Effective date: upon passage.