Texas § 406.144 ELECTION TO PROVIDE COVERAGE; AGREEMENT.

Texas Statutes

§ 406.144 — ELECTION TO PROVIDE COVERAGE; AGREEMENT.

Texas § 406.144

Code LALabor Code

This text of Texas § 406.144 (ELECTION TO PROVIDE COVERAGE; AGREEMENT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Labor Code Code Ann. § 406.144 (2026).

Text

Sec. 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 agr

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Sec. 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(c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112 ), Sec. 11(2), eff.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.
(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 .

Legislative History

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by: 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.