Certain emergency service organizations may choose workers’ compensation coverage for named volunteer members, and covered persons are entitled to full medical benefits and minimum compensation payments.
Sec. 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, Chapter 534, 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. SUBCHAPTER F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS