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 | |
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| 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. | ||
