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89(R) HB 4464 - Enrolled version - Bill Text
H.B. No. 4464
AN ACT
relating to the provision of workers' compensation insurance
coverage for certain Texas Task Force 1 members and intrastate fire
mutual aid system team and regional incident management team
members, including the removal of coverage for nongovernment
members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 88.126(a)(2), Education Code, is amended
to read as follows:
(2) "Local government employee member" means a member
who is an employee, as defined by Section 504.001, Labor Code, of
[
employed by
] a
political subdivision
[
local government
], as
defined by
that section
[
Section 102.001, Civil Practice and
Remedies Code
].
SECTION 2. Section 88.126, Education Code, is amended by
adding Subsection (e) to read as follows:
(e)
Service with an intrastate fire mutual aid system team
or a regional incident management team by a local government
employee member who is activated is considered to be in the course
and scope of the employee's regular employment with the political
subdivision.
SECTION 3. Section 88.301(1), Education Code, is amended to
read as follows:
(1) "Local government employee member" means a member
who is an employee, as defined by Section 504.001, Labor Code, of
[
employed by
] a
political subdivision,
[
local government
] as
defined by
that section
[
Section 102.001, Civil Practice and
Remedies Code
].
SECTION 4. Section 88.303, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1)
Service with Texas Task Force 1 by a local government
employee member who is activated is considered to be in the course
and scope of the employee's regular employment with the political
subdivision.
SECTION 5. 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 6. 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 7. Chapter 506, Labor Code, is amended by adding
Section 506.003 to read as follows:
Sec.
506.003.
PROVISIONS APPLICABLE TO MEMBERS OF TEXAS
TASK FORCE 1, INTRASTATE FIRE MUTUAL AID SYSTEM TEAM, OR REGIONAL
INCIDENT MANAGEMENT TEAM.
(a)
This section applies only to an
employee, as defined by Section 501.001, 502.001, 503.001, 504.001,
or 505.001, who is:
(1)
a member of Texas Task Force 1, as defined by
Section 88.302, Education Code, or a member of an intrastate fire
mutual aid system team or a regional incident management team, as
defined by Section 88.126, Education Code; and
(2)
activated by the Texas Division of Emergency
Management or is injured during training that is sponsored or
sanctioned by the Texas Division of Emergency Management or Texas
Task Force 1.
(b)
For purposes of workers' compensation coverage under
Chapter 501, service with Texas Task Force 1, an intrastate fire
mutual aid system team, or a regional incident management team, as
applicable, by an employee, as defined by Section 501.001, is:
(1)
considered to be in the course and scope of the
employee's regular employment; and
(2)
included in the coverage provided under Chapter
501.
(c)
For purposes of workers' compensation coverage under
Chapter 503 or 505, service with Texas Task Force 1, an intrastate
fire mutual aid system team, or a regional incident management
team, as applicable, by an employee, as defined by Section 503.001
or 505.001, as applicable, is:
(1)
considered to be in the course and scope of the
employee's regular employment; and
(2)
included in the coverage provided under Chapter
501 in the same manner as an employee, as defined by Section
501.001.
(d)
For purposes of workers' compensation coverage under
Chapter 502, service with Texas Task Force 1, an intrastate fire
mutual aid system team, or a regional incident management team, as
applicable, by an employee, as defined by Section 502.001, is:
(1)
considered to be in the course and scope of the
employee's regular employment; and
(2)
included in the coverage provided under Chapter
502.
(e)
For purposes of workers' compensation coverage under
Chapter 504, service with Texas Task Force 1, an intrastate fire
mutual aid system team, or a regional incident management team, as
applicable, by an employee, as defined by Section 504.001, is:
(1)
considered to be in the course and scope of the
employee's regular employment; and
(2)
included in the coverage provided under Chapter
504.
SECTION 8. The following provisions are repealed:
(1) Section 88.126(a)(4), Education Code;
(2) Section 88.126(b), Education Code;
(3) Section 88.301(3), Education Code;
(4) Section 88.303(a), Education Code;
(5) Sections 408.0445(b) and (c), Labor Code; and
(6) Sections 501.002(f) and (g), Labor Code.
SECTION 9. 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 10. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 4464 was passed by the House on May 7,
2025, by the following vote: Yeas 146, Nays 2, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4464 on May 30, 2025, by the following vote: Yeas 108, Nays 28,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4464 was passed by the Senate, with
amendments, on May 28, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor