Tex. Lab. Code § 406.144 · Subchapter G. COVERAGE OF CERTAIN BUILDING AND CONSTRUCTION WORKERS
ELECTION TO PROVIDE COVERAGE; AGREEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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(c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(2), eff.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.
Notes and commentary — not statutory text
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.406.htm
- Text hash
- sha256 c2a9624eb3e0fc4d5ce42a181e423b9583f7731dd38ead3552457d56162ed637
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Lab. Code § 406.144. Each shows the citation as that text prints it.
Labor Code
- Tex. Lab. Code § 406.143PROVISION OF WORKERS' COMPENSATION INSURANCE; INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES.Printed as Section 406.144
- Tex. Lab. Code § 406.145JOINT AGREEMENT.Printed as Section 406.144
- Tex. Lab. Code § 415.006EMPLOYER CHARGEBACKS PROHIBITED; ADMINISTRATIVE VIOLATION.Printed as Sections 406.123 and 406.144
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.