Texas 2025 - 89th Regular

Texas Senate Bill SB338

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

Impact

The legislation is set to modify existing laws under the Labor Code, specifically focusing on ensuring that coverage is not only provided but properly documented and verified by all parties involved in public construction projects. This change addresses potential gaps in workers' compensation compliance and aims to safeguard workers' rights and entitlements on public contracts, which previously may have been overlooked or inadequately enforced.

Summary

SB338 aims to mandate the provision of workers' compensation insurance coverage for employees working under building and construction contractors and subcontractors in the state of Texas. The bill emphasizes that both contractors and subcontractors must secure workers' compensation insurance for each employee tasked with public projects. Notably, a governmental entity entering into a construction contract is required to ensure that the contractor provides written certification proving coverage for their employees, as well as certification from any subcontractors involved in the project.

Conclusion

Overall, SB338 represents a significant step towards enforcing workers' rights within the construction industry, particularly in the realm of public works. With its implementation set for September 1, 2025, the bill's success will likely depend on how well it is integrated into existing regulatory frameworks and the responsiveness of contractors to adapt to its requirements.

Contention

Despite the bill's intent to enhance worker protections, there could be points of contention, particularly around the potential increased costs that contractors may face as a result of the mandatory insurance coverage. Critics may argue that this could place an undue financial burden on smaller contractors or subcontractors, potentially impacting their ability to compete for public contracts. The debate may center around balancing the need for worker protection against the economic implications for construction businesses.

Companion Bills

TX HB480

Identical Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

Previously Filed As

TX HB480

Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

TX SB86

Authorize purchasing agency verification and monitoring of workers' compensation insurance coverage obtained by public improvement contractors.

TX SB291

Contractors: workers’ compensation insurance.

TX SB157

Require proof of workers' compensation insurance for contractors of public improvements.

TX SB1890

Relating to workers' compensation insurance coverage and bid bonding requirements for small municipal construction projects.

TX SB093

Workers' Compensation Insurance Coverage Verification

TX HB875

Relating to workers' compensation insurance coverage and bid bonding requirements for small municipal construction projects for certain municipalities.

TX SB855

Further providing for duty of contractor; providing for registration of contractors and subcontractors, for registration fees, for proof of registration and for duties of contractors, subcontractors and the department; and further providing for remedies and penalties.

TX SB642

Worker's compensation; expanding rights and remedies granted to certain persons; authorizing agreement between contractors to provide certain insurance coverage. Emergency.

TX SB642

Worker's compensation; expanding rights and remedies granted to certain persons; authorizing agreement between contractors to provide certain insurance coverage. Emergency.

Similar Bills

CA SB61

An act to add Section 8811 to the Civil Code, relating to works of improvement.

CA SB597

Labor-related liabilities: direct contractor and subcontractor.

CA AB2653

State contracts: report: modern foundation models and associated artificial intelligence systems.

CA AB2272

State contracting: subcontractors: prompt payment.

HI HB274

Relating To Subcontractors.

HI HB274

Relating To Subcontractors.

CT HB06955

An Act Concerning A Contractor's Responsibility For Unpaid Wages On A Construction Contract.

PA HB610

In public works employment verification, further providing for definitions, for duty of public works contractors and subcontractors, for verification form, for violations, for enforcement and sanctions, for Public Works Employment Verification Account, for protection from retaliation, for good faith immunity and for public works contractor and subcontractor liability; and making an editorial change.