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