Texas Labor Code 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 § 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 § 406.144 to provide workers’ compensation insurance coverage. The commissioner shall prescribe forms for the joint agreement.
(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff. June 9, 2017.
Terms Used In Texas Labor Code 406.145
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) The hiring contractor shall send a copy of a joint agreement signed under this section to:
(1) the hiring contractor’s workers’ compensation insurance carrier; and
(2) the division, on the division’s request.
(d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff. June 9, 2017.
(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 in writing:
(1) the hiring contractor’s workers’ compensation insurance carrier; and
(2) the division, on the division’s request.
(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 § 406.144.