(a) The following provisions of Subtitles A and B apply to and are included in this chapter except to the extent that they are inconsistent with this chapter: (1) Chapter 401, other than Section 401.012 defining "employee"; (3) Chapter 403, other than Sections 403.001-403.005; (4) Chapters 404 and 405; (5) Subchapters B and D through H, Chapter 406, other than Sections 406.071(a), 406.073, and 406.075; (6) Chapter 408, other than Sections 408.001(b) and (c); (7) Chapters 409 and 410; (8) Subchapters A and G, Chapter 411, other than Sections 411.003 and 411.004; (9) Chapters 412-417; and (b) For the purposes of this chapter and Chapter 451, the individual state agency shall be considered the employer. (c) For the purpose of applying the provisions listed by Subsection (a) to this chapter, "insurer" or "employer" means "state," "office," "director," or "state agency," as applicable. (d) Neither this chapter nor Subtitle A authorizes a cause of action or damages against the state, a state agency, or an employee of the state beyond the actions and damages authorized by Chapter 101, Civil Practice and Remedies Code. (e) For the purposes of this chapter and Chapter 451, the adjutant general is considered the employer of a member of the state military forces while engaged in authorized training or duty. (f) For purposes of this chapter and Subchapter D, Chapter 88, Education Code, the Texas Engineering Extension Service of The Texas A&M University System shall perform all duties of an employer in relation to a Texas Task Force 1 member who is injured and receives benefits under this chapter. (g) For purposes of this chapter and Section 88.126, Education Code, the Texas A&M Forest Service shall perform all duties of an employer in relation to an intrastate fire mutual aid system team member or a regional incident management team member who is injured and receives benefits under this chapter.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 991,Sec. 5, eff. 9/1/2017.
Amended By Acts 2005, 79th Leg., Ch. 265, Sec. 3.289, eff. September 1, 2005.
Amended By Acts 2003, 78th Leg., ch. 644, Sec. 4, eff. June 20, 2003.
Amended By Acts 1999, 76th Leg., ch. 1205, Sec. 6, eff. Sept. 1, 1999
Amended By Acts 1997, 75th Leg., ch. 1098, Sec. 3, eff. Sept. 1, 1997
Amended by Acts 1995, 74th Leg., ch. 980, Sec. 2.01, eff. Sept. 1, 1995
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.