Tex. Labor Code Section 406.098
Volunteer Emergency Service Members and Personnel


(a)

An emergency service organization which is not a political subdivision or which is separate from any political subdivision may elect to obtain workers’ compensation insurance coverage for its named volunteer members who participate in the normal functions of the organization. A person covered under this subsection is entitled to full medical benefits and the minimum compensation payments under the law.

(b)

In this section, unless a different meaning is plainly required by law:

(1)

“Emergency service organization” means any organization established to provide for the general public:

(A)

fire prevention and suppression;

(B)

hazardous materials response operations; or

(C)

emergency medical services.

(2)

“Volunteer members” means individuals who are carried on the membership list of the organization as active participants and who receive no remuneration for their services.

(3)

“Normal functions” means any response to, participation in, or departure from an incident scene; training; meetings; performance of equipment maintenance; or organizational functions.

(4)

“Political subdivision” means a county, municipality, special district, school district, junior college district, housing authority, community center established under Subchapter A (Definitions), Chapter 534 (Community Services), Health and Safety Code, or any other legally constituted political subdivision of the state.

(c)

The commissioner of insurance shall adopt rules governing the method of calculating premiums for workers’ compensation insurance coverage for volunteer members who are covered pursuant to this section.
Added by Acts 1995, 74th Leg., ch. 849, Sec. 1, eff. Aug. 28, 1995. Renumbered from Labor Code Sec. 406.097 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(63), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.037, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 9.03, eff. September 1, 2023.

Source: Section 406.098 — Volunteer Emergency Service Members and Personnel, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­406.­htm#406.­098 (accessed Jun. 5, 2024).

406.001
Definition
406.002
Coverage Generally Elective
406.003
Methods of Obtaining Coverage
406.004
Employer Notice to Division
406.005
Employer Notice to Employees
406.006
Insurance Coverage and Claim Administration Reporting Requirements
406.007
Termination of Coverage by Employer
406.008
Cancellation or Nonrenewal of Coverage by Insurance Company
406.009
Collecting and Maintaining Information
406.010
Claims Service
406.011
Austin Representative
406.012
Enforcement of Subchapter
406.031
Liability for Compensation
406.032
Exceptions
406.033
Common-law Defenses
406.034
Employee Election
406.035
Waiver of Compensation Prohibited
406.051
Security by Commercial Insurance
406.052
Effect of Other Insurance Coverage
406.053
All States Coverage
406.071
Extraterritorial Coverage
406.072
Principal Location
406.073
Agreement on Principal Location
406.074
Interjurisdictional Agreements
406.075
Effect of Compensation Paid in Other Jurisdiction
406.091
Exempt Employees
406.092
Alien Employees and Beneficiaries
406.093
Legally Incompetent Employees
406.094
Certain Persons Licensed by Texas Real Estate Commission
406.095
Certain Professional Athletes
406.096
Required Coverage for Certain Building or Construction Contractors
406.097
Executive Employees of Certain Business Entities
406.098
Volunteer Emergency Service Members and Personnel
406.121
Definitions
406.122
Status as Employee
406.123
Election to Provide Coverage
406.124
Cause of Action
406.125
Restriction of Unsafe Work Practices Unaffected
406.126
Exemption
406.127
Effect of Certain Contracts of Hire
406.141
Definitions
406.142
Application
406.143
Provision of Workers’ Compensation Insurance
406.144
Election to Provide Coverage
406.145
Joint Agreement
406.146
Wrongful Inducement Prohibited
406.161
Definitions
406.162
Scope
406.163
Liability of Labor Agent
406.164
Elective Coverage of Employer and Family Members
406.165
Not Applicable to Independent Contractors

Accessed:
Jun. 5, 2024

§ 406.098’s source at texas​.gov