89th Legislature Regular Session

HB 4464

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4464 modifies provisions in the Texas Education and Labor Codes relating to workers’ compensation insurance coverage for certain emergency response team members. Specifically, the bill focuses on refining the eligibility criteria for Texas Task Force 1 members, Intrastate Fire Mutual Aid System (IFMAS) team members, and Regional Incident Management Team (RIMT) members by aligning their employment status with existing legal definitions.

The bill redefines the term "local government employee member" to clarify that only those who are employees of a political subdivision, as defined under Section 504.001 of the Labor Code, are eligible for coverage. It eliminates outdated references to “local government” and removes provisions that previously extended workers' compensation coverage to certain nongovernmental emergency personnel. In doing so, the legislation ensures that only government-employed members activated for emergency service are considered to be working within the scope of their regular employment and thus eligible for workers' compensation benefits.

Additionally, HB 4464 amends multiple sections of the Education Code (Sections 88.126 and 88.301) and the Labor Code (Section 501.001), deleting specific clauses that had allowed broader coverage. This change has the effect of limiting the state’s liability and financial responsibility to those personnel with a direct public employer relationship. Overall, the bill serves to streamline and limit public benefit obligations to government employees actively engaged in emergency response, while updating statutory language for consistency with existing law.

The Senate Committee Substitute for HB 4464 introduces substantive structural and definitional changes that go beyond the narrower scope of the House-engrossed version. While both versions share the same core objective—limiting workers’ compensation coverage to government-employed members of emergency response teams—the Senate version achieves this through broader statutory realignment and more refined legal language.

In the House-engrossed version, the focus is primarily on affirming that local government employee members of Texas Task Force 1, the Intrastate Fire Mutual Aid System (IFMAS), and Regional Incident Management Teams (RIMT) are acting within the scope of their regular employment when activated. It also repeals existing language that had extended workers' compensation benefits to certain nongovernmental responders. However, the House version retains older references to "local government" and modifies only a select set of provisions across the Education and Labor Codes.

The Senate Committee Substitute expands this approach by replacing “local government” with the more legally consistent term “political subdivision,” aligning with the Labor Code's existing definitions. It also centralizes workers’ compensation provisions for these emergency responders by introducing a new section—Labor Code Section 506.003—which consolidates the eligibility and activation criteria into one place, reducing statutory fragmentation. In addition, the Senate version removes more obsolete or redundant language from the statutes, repealing a wider range of subsections in both the Education and Labor Codes than the House version.

In sum, the Senate substitute offers a more comprehensive and integrated legislative product. It strengthens the legal coherence of the bill by aligning terminology, consolidating eligibility criteria, and repealing outdated provisions—measures that enhance clarity and consistency across multiple legal frameworks governing emergency response personnel.
Author
Mary Gonzalez
Jared Patterson
Sponsor
Charles Schwertner
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 4464 are expected to be minimal. The bill will not result in a significant fiscal impact on the state. Although the legislation modifies eligibility for workers’ compensation insurance by removing coverage for nongovernmental members of Texas Task Force 1, the Intrastate Fire Mutual Aid System, and Regional Incident Management Teams, the financial effects of this exclusion are assumed to be negligible.

The bill may result in some cost savings for the state by narrowing the pool of individuals eligible for workers' compensation coverage. However, these savings are projected to be insignificant, suggesting that the number of nongovernmental personnel previously covered was relatively small or that associated claims costs were low. Furthermore, the legislation does not introduce new benefits or expand existing coverage in ways that would increase state expenditures.

For local governments, the impact is similarly minor. The legislation clarifies that only employees of political subdivisions are eligible for coverage when activated for emergency response duties, aligning liability strictly with the employing governmental entity. This clarification does not impose new costs or administrative burdens on local governments and is not anticipated to result in material fiscal consequences.

In summary, HB 4464 is designed to create clearer boundaries around government liability for emergency responders without creating substantial financial shifts. Both state and local entities are expected to absorb the bill’s changes with no significant budgetary impact.

Vote Recommendation Notes

HB 4464 aims to clarify and limit workers’ compensation insurance coverage for certain emergency response team members in Texas. Specifically, it defines that only government-employed members of Texas Task Force 1, the Intrastate Fire Mutual Aid System (IFMAS), and Regional Incident Management Teams (RIMT) are eligible for such coverage when activated for state service. This clarification ensures that these individuals are considered within the scope of their regular employment during deployments, thereby aligning with existing labor code definitions.

The bill also repeals outdated provisions that previously extended workers' compensation benefits to certain nongovernmental responders. By doing so, it delineates the boundaries of state liability, ensuring that only public employees are covered under state-sponsored workers' compensation insurance. This move is consistent with principles of limited government and fiscal responsibility, as it prevents the extension of state benefits to individuals outside the public employment sphere.

According to the Legislative Budget Board's fiscal note, HB 4464 is not anticipated to have a significant fiscal impact on the state or local governments. Any potential savings from the exclusion of nongovernmental personnel from coverage are considered negligible. This assessment suggests that the bill's financial implications are minimal, reinforcing its alignment with prudent fiscal management.

In summary, HB 4464 provides necessary clarification regarding workers' compensation coverage for emergency response team members, ensuring that only government-employed individuals are eligible. This aligns with principles of limited government and fiscal responsibility, and the bill is not expected to have significant fiscal implications. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 4464.

  • Individual Liberty: The bill protects individual liberty by clarifying that only public employees are eligible for workers' compensation benefits when serving in state-sanctioned emergency roles. While this removes a benefit from nongovernmental responders, it also ensures the state is not coercively redistributing resources to cover individuals outside of its direct employment. In doing so, it reinforces a clear distinction between public and private roles without infringing on any personal freedoms.
  • Personal Responsibility: The bill reinforces the principle that nongovernmental individuals and their employers are responsible for securing their own insurance coverage, particularly when participating in high-risk emergency deployments. This upholds a culture of accountability and discourages dependency on public systems where a direct employment relationship does not exist. It ensures that government benefits are reserved for those working directly under public authority.
  • Free Enterprise: While the bill supports a clean delineation between public and private roles, it may have a minor chilling effect on the participation of private-sector emergency personnel in disaster response efforts. This could indirectly restrict opportunities for private firms or contractors to engage in state missions, unless alternative arrangements for risk coverage are made. However, it also removes a government-created market distortion by ending subsidized coverage for nongovernmental actors, thereby upholding the integrity of the private insurance and employment markets.
  • Private Property Rights: The bill does not impose or remove any property rights from individuals or entities. However, by limiting government liability, it arguably affirms the notion that public property (e.g., taxpayer resources) should not be used to subsidize private actors unless through explicitly defined public contracts or partnerships.
  • Limited Government: The bill is a clear expression of limited government principles. It confines the state’s responsibility to its own employees and rejects the expansion of public benefits to nongovernmental personnel. This prevents mission creep in the workers’ compensation system and reduces the risk of unintended fiscal and legal obligations for the state. It ensures the state operates within its proper scope and doesn't inadvertently absorb private liabilities.
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