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Texas Labor Code

§ 406.144 — ELECTION TO PROVIDE COVERAGE; AGREEMENT

LA § 406.144Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 406. WORKERS' COMPENSATION INSURANCE COVERAGE · Art. G. COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS

Statute text

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(a)Except as provided by this section, a hiring contractor is not responsible for providing workers' compensation insurance coverage for an independent contractor or the independent contractor's employee, helper, or subcontractor. An independent contractor and a hiring contractor may enter into a written agreement under which the independent contractor agrees that the hiring contractor may withhold the cost of workers' compensation insurance coverage from the contract price and that, for the purpose of providing workers' compensation insurance coverage, the hiring contractor is the employer of the independent contractor and the independent contractor's employees.
(b)A hiring contractor and independent contractor may enter into an agreement under Subsection (a) even if the independent contractor does not have an employee.
(c)Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(2), eff. June 9, 2017.
(d)The hiring contractor shall send a copy of an agreement under this section to:
(1)the hiring contractor's workers' compensation insurance carrier; and
(2)the division, on the division's request.

Legislative history

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.039, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 4, eff. June 9, 2017. Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(2), eff. June 9, 2017.