(a) In this section:
(1) “Contract” means a contract awarded by a governmental entity that is:
(A) a construction contract, as defined by § 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 § 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.

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.
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