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House Committee on Construction Industry-Related Workers' Compensation Issues, Select, Interim - 78th R.S. (2003)

Committee Members
Helen Giddings, Co-Chair
Joe Nixon, Co-Chair
Craig Eiland
Lois W. Kolkhorst
José Menéndez
Larry Phillips
Jack Stick
Charges
• In coordination with the Sunset Commission's review of the Texas Workers' Compensation Commission:
(1) Review and evaluate provisions of construction contracts that indemnify a person against all or any portion of loss or liability for damages that are caused by or result from the sole, joint or concurrent negligence of the indemnitee or its agent (including an employee or another independent contractor directly responsible to the indemnitee) and that arise from personal injury, death, property damage or an action assessed by the governmental entity against the indemnitee or its agent. Consider changes that would not affect benefits and protections provided under the workers' compensation system. Review and evaluate current law related to prohibitions on certain indemnity agreements in other states.
(2) Study whether workers' compensation benefits should be the exclusive remedy for an on-the-job injury in construction-related cases if a party ensures that workers' compensation insurance is provided, by either directly providing the insurance or by using only subcontractors who provide workers' compensation insurance for their employees.

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