Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 389 (H.B. 679), Sec. 1
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1008 (H.B. 2518), Sec. 1, see other Sec. 2252.909.
Sec. 2252.909.  VOIDABLE CONTRACT PROVISION:  EXPERIENCE MODIFIER.  (a)  In this section:
(1)  "Contract" means a contract awarded by a governmental entity that is:
(A)  a construction contract, as defined by Section 272.0001, Business & Commerce Code; or
(B)  a contract for constructing, altering, or repairing a public building or carrying out or completing any public work.
(2)  "Contract solicitation" means a request for bids, proposals, qualifications, offers, or other responses from potential contractors under a contract.
(3)  "Experience modifier" means a factor expressed as a value that:
(A)  is assigned to an employer seeking to purchase a workers' compensation insurance policy in this state;
(B)  affects the premium amount for the policy; and
(C)  is based on the employer's past loss experience.
(4)  "Governmental entity" means: 
(A)  a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute, including an institution of higher education as defined by Section 61.003, Education Code; or
(B)  a political subdivision of this state, including a municipality, county, or special purpose district.
(b)  With respect to a contract:
(1)  an offer to contract may not contain a term requiring a person to have a specified experience modifier in order to accept the offer; and
(2)  a contract solicitation may not require a person to have a specified experience modifier in order to submit a response to the contract solicitation.
(c)  A contract or an agreement collateral to or affecting a contract may not require the contractor to have a specified experience modifier.
(d)  A contract solicitation, an offer, a contract, or an agreement collateral to or affecting a contract that violates Subsection (b) or (c) is voidable as against public policy.
Added by Acts 2023, 88th Leg., R.S., Ch. 389 (H.B. 679), Sec. 1, eff. September 1, 2023.