By: Giddings, Solomons, Eiland, Hughes, H.B. No. 1657
      Smithee, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to workers' compensation insurance coverage regarding
  certain contractors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 406.121(1) and (5), Labor Code, are
  amended to read as follows:
               (1)  "General contractor" means a person who undertakes
  to procure the performance of work or a service for the benefit of
  another, either separately or through the use of subcontractors.
  The term includes a "principal contractor," "original contractor,"
  "prime contractor," or other analogous term. The term does not
  include a motor carrier that provides a transportation service
  through the use of an owner operator.
               (5)  "Subcontractor" means a person who contracts with
  a general contractor to perform all or any part of the work or
  services that the general contractor has contracted with another
  party [undertaken] to perform.
         SECTION 2.  Subchapter F, Chapter 406, Labor Code, is
  amended by adding Section 406.128 to read as follows:
         Sec. 406.128.  APPLICATION TO CERTAIN PREMISES OWNERS. (a)
  In this section, "small business" has the meaning assigned by
  Section 2006.011, Government Code.
         (b)  Notwithstanding any other provision of this subchapter,
  a premises owner who is a homeowner, a general small business, or a
  small business engaged in agriculture may operate as a general
  contractor for purposes of this chapter in procuring the
  performance of work or a service on the premises of that premises
  owner.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.