Texas 2025 - 89th Regular

Texas Senate Bill SB338

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

Impact

The legislation is set to modify existing laws under the Labor Code, specifically focusing on ensuring that coverage is not only provided but properly documented and verified by all parties involved in public construction projects. This change addresses potential gaps in workers' compensation compliance and aims to safeguard workers' rights and entitlements on public contracts, which previously may have been overlooked or inadequately enforced.

Summary

SB338 aims to mandate the provision of workers' compensation insurance coverage for employees working under building and construction contractors and subcontractors in the state of Texas. The bill emphasizes that both contractors and subcontractors must secure workers' compensation insurance for each employee tasked with public projects. Notably, a governmental entity entering into a construction contract is required to ensure that the contractor provides written certification proving coverage for their employees, as well as certification from any subcontractors involved in the project.

Conclusion

Overall, SB338 represents a significant step towards enforcing workers' rights within the construction industry, particularly in the realm of public works. With its implementation set for September 1, 2025, the bill's success will likely depend on how well it is integrated into existing regulatory frameworks and the responsiveness of contractors to adapt to its requirements.

Contention

Despite the bill's intent to enhance worker protections, there could be points of contention, particularly around the potential increased costs that contractors may face as a result of the mandatory insurance coverage. Critics may argue that this could place an undue financial burden on smaller contractors or subcontractors, potentially impacting their ability to compete for public contracts. The debate may center around balancing the need for worker protection against the economic implications for construction businesses.

Texas Constitutional Statutes Affected

Labor Code

  • Chapter 406. Workers' Compensation Insurance Coverage
    • Section: 096

Insurance Code

  • Chapter 151. Consolidated Insurance Programs
    • Section: New Section

Companion Bills

TX HB480

Identical Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

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