Texas legislators recently pre-filed two bills that, if passed, would require workers’ comp insurance in the construction industry – a significant change as Texas does not require employers to purchase workers’ comp insurance.

Senate Bill 338 would require the provision of workers’ comp insurance coverage for the employees of building and construction contractors and subcontractors.

House Bill 875 would require contractors who bid for small municipal construction projects to carry workers’ comp insurance. In 2022, House Bill 778 and Senate Bill 283 proposed similar legislation, but failed to pass.