Texas Labor Code - Section 406.145. Joint Agreement
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§ 406.145. JOINT AGREEMENT. (a) A hiring contractor and
an independent subcontractor may make a joint agreement declaring
that the subcontractor is an independent contractor as defined in
Section 406.141(2) and that the subcontractor is not the employee
of the hiring contractor. If the joint agreement is signed by both
the hiring contractor and the subcontractor and filed with the
division, the subcontractor, as a matter of law, is an independent
contractor and not an employee, and is not entitled to workers'
compensation insurance coverage through the hiring contractor
unless an agreement is entered into under Section 406.144 to
provide workers' compensation insurance coverage. The
commissioner shall prescribe forms for the joint agreement.
(b) A joint agreement shall be delivered to the division by
personal delivery or registered or certified mail and is considered
filed on receipt by the division.
(c) The hiring contractor shall send a copy of a joint
agreement signed under this section to the hiring contractor's
workers' compensation insurance carrier on filing of the joint
agreement with the division.
(d) The division shall maintain a system for accepting and
maintaining the joint agreements.
(e) A joint agreement signed under this section applies to
each hiring agreement between the hiring contractor and the
independent contractor until the first anniversary of its filing
date, unless a subsequent hiring agreement expressly states that
the joint agreement does not apply.
(f) If a subsequent hiring agreement is made to which the
joint agreement does not apply, the hiring contractor and
independent contractor shall notify the division and the hiring
contractor's workers' compensation insurance carrier in writing.
(g) If a hiring contractor and an independent contractor
have filed a joint agreement under this section, an insurance
company may not require the payment of an insurance premium by a
hiring contractor for coverage of an independent contractor or an
independent contractor's employee, helper, or subcontractor other
than under an agreement entered into in compliance with Section
406.144.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 3.040, eff. Sept. 1, 2005.
Section: 406.125 406.126 406.127 406.141 406.142 406.143 406.144 406.145 406.146 406.161 406.162 406.163 406.164 406.165 407.001
Last modified: August 10, 2007
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