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  S.B. No. 1081
 
 
 
 
AN ACT
  relating to the disclosure of certain information under a
  consolidated insurance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.002, Insurance Code, is amended to
  read as follows:
         Sec. 151.002.  RULES.  The commissioner shall adopt rules as
  necessary to implement and enforce this subchapter and Subchapter
  B.
         SECTION 2.  Subchapter A, Chapter 151, Insurance Code, is
  amended by adding Sections 151.003 through 151.009 to read as
  follows:
         Sec. 151.003.  INFORMATION REQUIRED TO BE PROVIDED BY
  PRINCIPAL BEFORE ENTERING CONSTRUCTION CONTRACT.  If a construction
  contract requires a person to enroll in a consolidated insurance
  program, not later than the 10th day before the date a principal
  enters into the contract with the person, the principal shall
  provide the following information about the consolidated insurance
  program to the person:
               (1)  contact information, including phone number and
  e-mail address, for:
                     (A)  the program administrator;
                     (B)  the principal's risk manager; and
                     (C)  the insurer's contact person for filing a
  claim for each type of insurance coverage provided in the program;
               (2)  the criteria for eligibility of enrollment into
  the program;
               (3)  a description of the project site covered by the
  program coverages;
               (4)  a summary of insurance coverages to be provided to
  the contractor under the program, including:
                     (A)  the policy form number and issuing
  organization if the policy is a standardized insurance policy or,
  if the policy is not standardized, a sample policy form;
                     (B)  per occurrence and aggregate limits of
  insurance coverages and any sublimits that may apply;
                     (C)  term of coverages for each limit and
  sublimit, if any; and
                     (D)  any material endorsements to the policy
  described under Paragraph (A);
               (5)  a summary of insurance coverages to be provided by
  the contractor;
               (6)  instructions on how to include or exclude costs of
  insurance provided by the program in the person's proposal for work
  on the construction project;
               (7)  a description of the audit or claims procedures
  related to the program that may result in additional cost to a
  contractor, including the method of calculation for any assessment
  charged to a contractor related to the principal's payment of a
  policy deductible and any other specific cost amounts; and
               (8)  a description of a contractor's duties related to
  reporting:
                     (A)  payroll and retention of documentation; and
                     (B)  claims and participation in safety
  inspections and incident reporting.
         Sec. 151.004.  INFORMATION REQUIRED TO BE PROVIDED BY
  CONTRACTOR BEFORE ENTERING CONSTRUCTION CONTRACT. If a
  construction contract requires a person to enroll in a consolidated
  insurance program, not later than the 10th day before the date a
  contractor enters into the contract with the person, the contractor
  must provide to the person, in an accurate form, the information
  listed in Section 151.003 that the contractor received under that
  section.
         Sec. 151.005.  RELIANCE ON INFORMATION PROVIDED. The
  information required under Section 151.003 must be accurate, and a
  person who receives the information under Section 151.003 or
  151.004 may justifiably rely on the information to decide whether
  to enter into the construction contract.
         Sec. 151.006.  FAILURE TO FURNISH. (a)  A person may not be
  required to enter into a construction contract that requires
  enrollment in a consolidated insurance program unless the person is
  provided the information in compliance with Section 151.003 or
  151.004, as applicable.  If the information required under Section
  151.003 is not provided to a person within the 10-day period under
  Section 151.003 or 151.004, as applicable, the person may elect not
  to enroll in the consolidated insurance program.
         (b)  If a person elects not to enroll in the consolidated
  insurance program under Subsection (a), a principal or contractor
  may provide the person with the information required under Section
  151.003 after the 10-day period under Section 151.003 or 151.004,
  as applicable.  The person must elect whether to enroll in the
  consolidated insurance program not later than the 10th day after
  the date that the information is provided under this subsection.
         (c)  If a person elects not to enroll in the consolidated
  insurance program under Subsection (a) or (b) and enters into a
  construction contract for the construction project, the person must
  obtain insurance coverage for the person's work on the project that
  substantially complies with the coverage terms and liability limits
  imposed for other persons who work on the construction project but
  who are not insured under the consolidated insurance program.
         (d)  The principal or contractor, as applicable, shall
  compensate a person with whom the principal or contractor contracts
  and who obtains insurance coverage under Subsection (c) for the
  actual cost of that insurance coverage.
         Sec. 151.007.  REQUEST FOR INSURANCE POLICY; DEADLINE TO
  PROVIDE. (a)  A contractor may request in writing from the
  principal, or from the party with which the contractor has a direct
  contractual relationship, a complete copy of the insurance policy
  that provides coverage for the contractor under the consolidated
  insurance program.
         (b)  The copy described by Subsection (a) must be provided to
  the requesting contractor not later than the later of:
               (1)  the 30th day after the date the request was sent;
  or
               (2)  the 60th day after the date the contractor's work
  covered by the consolidated insurance program begins on the
  construction project.
         Sec. 151.008.  FAILURE TO PROVIDE INSURANCE POLICY. It is a
  material breach of a contractor's construction contract if a
  complete copy of the insurance policy requested by the contractor
  under Section 151.007 is not provided before the later of:
               (1)  the 75th day after the date the request was sent;
  or
               (2)  the 90th day after the date the contractor's work
  covered by the consolidated insurance program begins on the
  construction project.
         Sec. 151.009.  ELECTRONIC DELIVERY. (a)  On a person's
  express request, a principal or contractor shall provide
  information under this subchapter in hard copy written form.
         (b)  If a person does not expressly request information be
  provided in hard copy written form, the principal or contractor may
  comply with the requirements of this chapter by:
               (1)  transmitting the information by facsimile or
  e-mail; or
               (2)  allowing access to the information on the
  principal's, or the principal's agent's, Internet website.
         SECTION 3.  The changes in law made by this Act apply only to
  an original construction contract with an owner of an improvement
  or contemplated improvement that is entered into on or after
  January 1, 2016. If a construction contract with an owner of an
  improvement or contemplated improvement is entered into on or after
  January 1, 2016, the changes in law made by this Act apply to a
  related subcontract, purchase order contract, personal property
  lease agreement, consolidated insurance program, and insurance
  policy. If a construction contract with an owner of an improvement
  or contemplated improvement is entered into before January 1, 2016,
  that original construction contract and a related subcontract,
  purchase order contract, personal property lease agreement,
  consolidated insurance program, and insurance policy are governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect January 1, 2016.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1081 passed the Senate on
  April 27, 2015, by the following vote: Yeas 29, Nays 1; and that
  the Senate concurred in House amendment on May 21, 2015, by the
  following vote: Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1081 passed the House, with
  amendment, on May 15, 2015, by the following vote: Yeas 136,
  Nays 3, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor