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A BILL TO BE ENTITLED
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AN ACT
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relating to property owner liability for personal injury claims |
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arising from insurance restoration projects in which a contractor |
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or subcontractor does not maintain workers' compensation insurance |
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coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 95, Civil Practice and Remedies Code, is |
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amended by adding Section 95.005 to read as follows: |
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Sec. 95.005. LIMITED LIABILITY FOR ELECTION NOT TO MAINTAIN |
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WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN PROJECTS. (a) |
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In this section, "insurance restoration project" means work |
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performed to repair a home, business, or other structure following |
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a fire, a natural disaster, water damage, or mold damage and for |
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which the work is or will be compensated by insurance. |
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(b) Notwithstanding Section 95.003, a property owner is not |
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liable for personal injury or death to a contractor, subcontractor, |
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or employee of a contractor or subcontractor arising from work on an |
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insurance restoration project if the contractor or subcontractor |
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does not maintain workers' compensation insurance coverage under |
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Chapter 406, Labor Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |