By: Giddings, et al. (Senate Sponsor - Duncan) | H.B. No. 1657 | |
(In the Senate - Received from the House May 15, 2009; | ||
May 20, 2009, read first time and referred to Committee on State | ||
Affairs; May 25, 2009, reported favorably by the following vote: | ||
Yeas 5, Nays 0; May 25, 2009, sent to printer.) |
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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 [ |
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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. | ||
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