| |
|
|
|
| |
|
|
COMMITTEE VOTE |
|
|
|
| |
|
|
YeaNayAbsentPNV |
|
|
SchwertnerX |
|
|
KingX |
|
|
BirdwellX |
|
|
CampbellX |
|
|
CreightonX |
|
|
JohnsonX |
|
|
KolkhorstX |
|
|
MenéndezX |
|
|
MiddletonX |
|
|
NicholsX |
|
|
ZaffiriniX |
|
|
|
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to limitations on the use of workers' compensation |
|
|
insurance experience modifier values in soliciting and awarding |
|
|
public construction contracts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|
|
amended by adding Section 2252.909 to read as follows: |
|
|
Sec. 2252.909. VOIDABLE CONTRACT PROVISION: EXPERIENCE |
|
|
MODIFIER. (a) In this section: |
|
|
(1) "Contract" means a contract awarded by a |
|
|
governmental entity that is: |
|
|
(A) a construction contract, as defined by |
|
|
Section 272.0001, Business & Commerce Code; or |
|
|
(B) a contract for constructing, altering, or |
|
|
repairing a public building or carrying out or completing any |
|
|
public work. |
|
|
(2) "Contract solicitation" means a request for bids, |
|
|
proposals, qualifications, offers, or other responses from |
|
|
potential contractors under a contract. |
|
|
(3) "Experience modifier" means a factor expressed as |
|
|
a value that: |
|
|
(A) is assigned to an employer seeking to |
|
|
purchase a workers' compensation insurance policy in this state; |
|
|
(B) affects the premium amount for the policy; |
|
|
and |
|
|
(C) is based on the employer's past loss |
|
|
experience. |
|
|
(4) "Governmental entity" means: |
|
|
(A) a department, commission, board, office, or |
|
|
other agency in the executive branch of state government created by |
|
|
the state constitution or a state statute, including an institution |
|
|
of higher education as defined by Section 61.003, Education Code; |
|
|
or |
|
|
(B) a political subdivision of this state, |
|
|
including a municipality, county, or special purpose district. |
|
|
(b) With respect to a contract: |
|
|
(1) an offer to contract may not contain a term |
|
|
requiring a person to have a specified experience modifier in order |
|
|
to accept the offer; and |
|
|
(2) a contract solicitation may not require a person |
|
|
to have a specified experience modifier in order to submit a |
|
|
response to the contract solicitation. |
|
|
(c) A contract or an agreement collateral to or affecting a |
|
|
contract may not require the contractor to have a specified |
|
|
experience modifier. |
|
|
(d) A contract solicitation, an offer, a contract, or an |
|
|
agreement collateral to or affecting a contract that violates |
|
|
Subsection (b) or (c) is voidable as against public policy. |
|
|
SECTION 2. Section 2252.909, Government Code, as added by |
|
|
this Act, applies only to a contract for which a governmental entity |
|
|
first advertises or otherwise solicits offers on or after the |
|
|
effective date of this Act. A contract for which a governmental |
|
|
entity first advertised or otherwise solicited offers before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the governmental entity first advertised or otherwise |
|
|
solicited offers, and that law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |
|
|
|
|
|
* * * * * |