By: Giddings, Solomons, Eiland, Hughes, H.B. No. 1657
Smithee, et al.
A BILL TO BE ENTITLED
AN ACT
relating to workers' compensation insurance coverage regarding
certain contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 406.121(1) and (5), Labor Code, are
amended to read as follows:
(1) "General contractor" means a person who undertakes
to procure the performance of work or a service for the benefit of
another, either separately or through the use of subcontractors.
The term includes a "principal contractor," "original contractor,"
"prime contractor," or other analogous term. The term does not
include a motor carrier that provides a transportation service
through the use of an owner operator.
(5) "Subcontractor" means a person who contracts with
a general contractor to perform all or any part of the work or
services that the general contractor has contracted with another
party [undertaken] to perform.
SECTION 2. Subchapter F, Chapter 406, Labor Code, is
amended by adding Section 406.128 to read as follows:
Sec. 406.128. APPLICATION TO CERTAIN PREMISES OWNERS. (a)
In this section, "small business" has the meaning assigned by
Section 2006.011, Government Code.
(b) Notwithstanding any other provision of this subchapter,
a premises owner who is a homeowner, a general small business, or a
small business engaged in agriculture may operate as a general
contractor for purposes of this chapter in procuring the
performance of work or a service on the premises of that premises
owner.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.