Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Shields H.B. No. 3518
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to workers' compensation insurance requirements for public
1-3 contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 406.096, Labor Code, is amended by to
1-6 read as follows:
1-7 (a) A governmental entity has the discretion to enter into a
1-8 building or construction contract with a contractor that does not
1-9 subscribe to workers' compensation insurance coverage as defined in
1-10 Section 401.011(44), Labor Code. A contractor that does not
1-11 subscribe to workers compensation insurance coverage must submit to
1-12 the governmental entity, with its bid on the building or
1-13 construction contract, a schedule of benefits provided under the
1-14 contractor's occupational injury insurance plan. The schedule must
1-15 state how the benefits under the contractor's occupational injury
1-16 insurance plan differ from a workers compensation insurance
1-17 coverage plan. The benefits provided under the contractor's
1-18 occupational injury insurance plan must be substantially equal to
1-19 benefits under a workers compensation insurance coverage plan.
1-20 (b) [(a)] If a [A] governmental entity [that] enters into a
1-21 building or construction contract that requires workers'
1-22 compensation insurance coverage, the governmental entity shall
1-23 require the contractor to certify in writing that the contractor
1-24 provides workers' compensation insurance coverage for each employee
2-1 of the contractor employed on the public project, [.] and
2-2 [(b) Each] each subcontractor on public project shall
2-3 provide such a certificate relating to coverage of the
2-4 subcontractor's employees to the general contractor, who shall
2-5 provide the subcontractor's certificate to the governmental entity.
2-6 SECTION 2. This Act applies only to contracts executed on or
2-7 after September 1, 1997. A contract executed before September 1,
2-8 1997 is governed by the law as it existed before the effective date
2-9 of this Act, and that law is continued in effect for this purpose.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.