HBA-ATS C.S.H.B. 2706 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2706 By: Gallego Business & Industry 4/8/1999 Committee Report (Substituted) 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. C.S.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 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 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. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2706 modifies the original bill in SECTION 1 by expanding the definition of "disaster" in proposed Section 501.026(a), Labor Code, to include "another occurrence that initiates the state emergency management plan" among those occurrences which are defined as disasters. The substitute modifies the original in proposed Section 501.026(b) by entitling a person, not otherwise covered by workers' compensation insurance for volunteer services, who performs volunteer services for the state in a disaster, rather than a declared disaster, under the direction of an officer or employee of the state, rather than an officer or employee of the state or a political subdivision of the state, to medical benefits, rather than benefits, under Chapter 501, Labor Code, for an injury sustained by the person in the course of providing those services. The substitute modifies the original by adding proposed Subsection (c) to proposed Section 501.026 to provide 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. The substitute modifies the original by adding proposed Subsection (d) to proposed Section 501.026 to authorize 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. The substitute also requires an injured person to comply with the requirements of Section 409.001 (Notice of Injury to Employer), Labor Code.