Texas Labor Code - Section 406.144. Election To Provide Coverage; Agreement
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§ 406.144. ELECTION TO PROVIDE COVERAGE; AGREEMENT. (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) An agreement under this section shall be filed with the
division either by personal delivery or by registered or certified
mail and is considered filed on receipt by the division.
(d) The hiring contractor shall send a copy of an agreement
under this section to the hiring contractor's workers' compensation
insurance carrier on filing of the agreement with the division.
(e) An agreement under this section makes the hiring
contractor the employer of the independent contractor and the
independent contractor's employees only for the purposes of the
workers' compensation laws of this state.
(f) The deduction of the cost of the workers' compensation
insurance coverage from the independent contractor's contract
price is permitted notwithstanding Section 415.006.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 3.039, eff. Sept. 1, 2005.
Section: 406.124 406.125 406.126 406.127 406.141 406.142 406.143 406.144 406.145 406.146 406.161 406.162 406.163 406.164 406.165
Last modified: August 10, 2007
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