81R5156 MCK-D
 
  By: Alvarado H.B. No. 3877
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring contractors in certain state construction
  contracts to provide health benefits to employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 2166, Government Code, is
  amended by adding Section 2166.2527 to read as follows:
         Sec. 2166.2527.  HEALTH BENEFITS COVERAGE REQUIRED FOR LARGE
  CONTRACTS. (a) In this section:
               (1)  "Covered employee" means an employee of the
  contractor or a subcontractor, including a contract laborer, who:
                     (A)  is 18 years of age or older;
                     (B)  works at least 30 hours per week; and
                     (C)  works any amount of time on the project that
  is the subject of a major construction contract.
               (2)  "Major construction contract" means a
  construction contract with a value of $1 million or more.
         (b)  A contractor who enters into a major construction
  contract with the commission must:
               (1)  provide health benefits coverage that is at least
  equivalent to basic coverage provided under the state employees
  group benefits program provided under Chapter 1551, Insurance Code,
  to each covered employee; or
               (2)  contribute to the health opportunity pool under
  Subchapter N, Chapter 531, $1.00 for every hour worked by a covered
  employee on the project that is the subject of the major
  construction contract.
         (c)  If a contractor provides health benefits coverage under
  Subsection (b)(1), the contractor must pay not less than $150 per
  month for the health insurance premiums for each covered employee
  and the employee's contribution for the cost of the health benefits
  coverage may not exceed 50 percent of the cost of the premiums.
         (d)  A subcontractor of the contractor under a major
  construction contract must comply with the requirements of
  Subsection (b).
         (e)  The commission may perform monthly audits of a
  contractor to ensure compliance with the requirements of this
  section.
         (f)  A major construction contract must include terms that
  allow the commission to terminate the contract if the contractor,
  or a subcontractor of the contractor, at any time during the life of
  the contract fails to comply with the requirements of this section.
         SECTION 2.  Section 2166.2527, Government Code, as added by
  this Act, applies only to a building construction contract for
  which the solicitation of bids or proposals, request for proposals,
  or similar required notification as to the project is published on
  or after September 1, 2009. A building construction contract for
  which the solicitation of bids or proposals, request for proposals,
  or similar required notification as to the project is published
  before September 1, 2009, is governed by the law in effect at the
  time the solicitation, request, or notification is published, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.