Sec. 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, Government Code, or the statewide mutual aid program for fire emergencies under Section 418.110, 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, 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 or under the state emergency management plan under Section 418.042, 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, Labor Code, in the same manner as an employee, as defined by Section 501.001, 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.
Added by Acts 2017, 85th Leg., R.S., Ch. 991 (H.B. 919), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Subtitle D - The Texas a & M University System
Chapter 88 - Agencies and Services of the Texas a & M University System
Subchapter B. The Texas Forest Service
Section 88.101. Director of Texas Forest Service
Section 88.102. General Duties
Section 88.103. Enforcement; Appointment of Peace Officers
Section 88.1035. Use of Funds to Support Peace Officer Training
Section 88.104. Authority to Enter Private Land
Section 88.105. Cooperation With Persons and Agencies
Section 88.107. Forest Land: Acquisition by Gift or Purchase
Section 88.108. Acquisition of Land for Forestry Purposes; Disposition
Section 88.1085. Use of Land in William Goodrich Jones State Forest
Section 88.109. Use of Certain Department of Criminal Justice Land for Reforestation
Section 88.110. Purchase of Land for Seedling Nursery
Section 88.112. South Central Interstate Forest Fire Protection Compact
Section 88.113. Compact Administrator
Section 88.114. Advisory Committee
Section 88.115. Legislative Intent
Section 88.116. Text of Compact
Section 88.117. Statewide Fire Contingency Account
Section 88.118. Statewide Fire Coordination Center
Section 88.119. Regional Wildfire Coordinators
Section 88.120. Wildfire Training
Section 88.122. Incident Management Teams
Section 88.123. Volunteer Fire Department Assistance
Section 88.124. Wildfire Protection Plan