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A BILL TO BE ENTITLED
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AN ACT
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relating to workers' compensation insurance coverage regarding |
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certain contractors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 406.121(1) and (5), Labor Code, are |
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amended to read as follows: |
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(1) "General contractor" means a person who undertakes |
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to procure the performance of work or a service for the benefit of |
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another, either separately or through the use of subcontractors. |
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The term includes a "principal contractor," "original contractor," |
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"prime contractor," or other analogous term. The term does not |
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include a motor carrier that provides a transportation service |
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through the use of an owner operator. |
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(5) "Subcontractor" means a person who contracts with |
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a general contractor to perform all or any part of the work or |
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services that the general contractor has contracted with another |
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party [undertaken] to perform. |
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SECTION 2. Subchapter F, Chapter 406, Labor Code, is |
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amended by adding Section 406.128 to read as follows: |
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Sec. 406.128. APPLICATION TO CERTAIN PREMISES OWNERS. (a) |
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In this section, "small business" has the meaning assigned by |
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Section 2006.011, Government Code. |
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(b) Notwithstanding any other provision of this subchapter, |
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a premises owner who is a homeowner, a general small business, or a |
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small business engaged in agriculture may operate as a general |
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contractor for purposes of this chapter in procuring the |
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performance of work or a service on the premises of that premises |
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owner. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |