Tex.
Educ. Code Section 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 (State Emergency Management Plan), Government Code, or the statewide mutual aid program for fire emergencies under Section 418.110 (Statewide Mutual Aid Program for Fire Emergencies), 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 (Definitions), 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 (Incident Management Teams) or under the state emergency management plan under Section 418.042 (State Emergency Management Plan), 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 (Workers’ Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University), Labor Code, in the same manner as an employee, as defined by Section 501.001 (Definitions), 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.
Source:
Section 88.126 — Workers' Compensation Insurance Coverage: Intrastate Fire Mutual Aid System and Regional Incident Management Teams, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.88.htm#88.126 (accessed Apr. 13, 2024).
