| 1 | 1 | | 88R13722 MZM-F |
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| 2 | 2 | | By: Vasut H.B. No. 4239 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to property owner liability for personal injury claims |
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| 8 | 8 | | arising from insurance restoration projects in which a contractor |
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| 9 | 9 | | or subcontractor does not maintain workers' compensation insurance |
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| 10 | 10 | | coverage. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 95, Civil Practice and Remedies Code, is |
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| 13 | 13 | | amended by adding Section 95.005 to read as follows: |
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| 14 | 14 | | Sec. 95.005. LIMITED LIABILITY FOR ELECTION NOT TO MAINTAIN |
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| 15 | 15 | | WORKERS' COMPENSATION INSURANCE COVERAGE FOR CERTAIN PROJECTS. (a) |
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| 16 | 16 | | In this section, "insurance restoration project" means work |
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| 17 | 17 | | performed to repair a home, business, or other structure following |
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| 18 | 18 | | a fire, a natural disaster, water damage, or mold damage and for |
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| 19 | 19 | | which the work is or will be compensated by insurance. |
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| 20 | 20 | | (b) Notwithstanding Section 95.003, a property owner is not |
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| 21 | 21 | | liable for personal injury or death to a contractor, subcontractor, |
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| 22 | 22 | | or employee of a contractor or subcontractor arising from work on an |
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| 23 | 23 | | insurance restoration project if the contractor or subcontractor |
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| 24 | 24 | | does not maintain workers' compensation insurance coverage under |
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| 25 | 25 | | Chapter 406, Labor Code. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a cause of action that accrues on or after the effective date of |
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| 28 | 28 | | this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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