Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
Texas Codes

Tex. Lab. Code § 406.096 (2026)

Required Coverage For Certain Building Or Construction Contractors

✓ current as of May 2026
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Sec. 406.096. REQUIRED COVERAGE FOR CERTAIN BUILDING OR CONSTRUCTION CONTRACTORS. (a) A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project.

(b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity.

(c) A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity.

(d) The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction.

(e) In this section:

(1) "Building or construction" includes:

(A) erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;

(B) remodeling, extending, repairing, or demolishing a structure; or

(C) otherwise improving real property or an appurtenance to real property through similar activities.

(2) "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Beldon Roofing & Remodeling Co. v. San Antonio Water Sys., 898 S.W.2d 351 (Tex. App. 1995).
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Beldon Roofing & Remodeling Co. v. San Antonio Water Sys., 898 S.W.2d 351 (Tex. App. 1995). · cites it 3× “Tex.Lab.Code Ann. § 406.096 (Vernon 1995) (formerly article 8308, § 3.”
— Tex. Lab. Code § 406.096(b) — 1 case
Beldon Roofing & Remodeling Co. v. San Antonio Water Sys., 898 S.W.2d 351 (Tex. App. 1995). “Tex.Lab.Code Ann. § 406.096 (Vernon 1995) (formerly article 8308, § 3.”
— Tex. Lab. Code § 406.096(d) — 1 case
Beldon Roofing & Remodeling Co. v. San Antonio Water Sys., 898 S.W.2d 351 (Tex. App. 1995). “Tex.Lab.Code Ann. § 406.096 (Vernon 1995) (formerly article 8308, § 3.”
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