Bill Text: TX HB4239 | 2023-2024 | 88th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-29 - Left pending in committee [HB4239 Detail]

Download: Texas-2023-HB4239-Introduced.html
  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.
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