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.