reglab/housing_qa huggingface dataset:
TX Lab Code § 406.035 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter B. Coverage Requirements|Section 406.035. Waiver of Compensation Prohibited

Sec. 406.035.  WAIVER OF COMPENSATION PROHIBITED.  Except as provided by this subtitle, an agreement by an employee to waive the employee's right to compensation is void.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.051 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter C. Coverage Through Commercial Insurance|Section 406.051. Security by Commercial Insurance

Sec. 406.051.  SECURITY BY COMMERCIAL INSURANCE.  (a)  An insurance company may contract to secure an employer's liability and obligations and to pay compensation by issuing a workers' compensation insurance policy under this subchapter.(b)  The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance.(c)  The employer may not transfer:(1)  the obligation to accept a report of injury under Section 409.001;(2)  the obligation to maintain records of injuries under Section 409.006;(3)  the obligation to report injuries to the insurance carrier under Section 409.005;(4)  liability for a violation of Section 415.006 or 415.008 or of Chapter 451; or(5)  the obligation to comply with a commissioner order.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 954, Sec. 4, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.032, eff. September 1, 2005.|
TX Lab Code § 406.052 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter C. Coverage Through Commercial Insurance|Section 406.052. Effect of Other Insurance Coverage

Sec. 406.052.  EFFECT OF OTHER INSURANCE COVERAGE.  (a)  A contract entered into to indemnify an employer from loss or damage resulting from an injury sustained by an employee that is compensable under this subtitle is void unless the contract also covers liability for payment of compensation under this subtitle.(b)  This section does not prohibit an employer who is not required to have workers' compensation insurance coverage and who has elected not to obtain workers' compensation insurance coverage from obtaining insurance coverage on the employer's employees if the insurance is not represented to any person as providing workers' compensation insurance coverage authorized under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.053 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter C. Coverage Through Commercial Insurance|Section 406.053. All States Coverage

Sec. 406.053.  ALL STATES COVERAGE.  The Texas Department of Insurance shall coordinate with the appropriate agencies of other states to:(1)  share information regarding an employer who obtains all states coverage;  and(2)  ensure that the department has knowledge of an employer who obtains all states coverage in another state but fails to file notice with the department.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.071 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter D. Extraterritorial Coverage|Section 406.071. Extraterritorial Coverage

Sec. 406.071.  EXTRATERRITORIAL COVERAGE.  (a)  An employee who is injured while working in another jurisdiction or the employee's legal beneficiary is entitled to all rights and remedies under this subtitle if:(1)  the injury would be compensable if it had occurred in this state;  and(2)  the employee has significant contacts with this state or the employment is principally located in this state.(b)  An employee has significant contacts with this state if the employee was hired or recruited in this state and the employee:(1)  was injured not later than one year after the date of hire;  or(2)  has worked in this state for at least 10 working days during the 12 months preceding the date of injury.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.072 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter D. Extraterritorial Coverage|Section 406.072. Principal Location

Sec. 406.072.  PRINCIPAL LOCATION.  The principal location of a person's employment is where:(1)  the employer has a place of business at or from which the employee regularly works;  or(2)  the employee resides and spends a substantial part of the employee's working time.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.073 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter D. Extraterritorial Coverage|Section 406.073. Agreement on Principal Location; Administrative Violation

Sec. 406.073.  AGREEMENT ON PRINCIPAL LOCATION;  ADMINISTRATIVE VIOLATION.  (a)  An employee whose work requires regular travel between this state and at least one other jurisdiction may agree in writing with the employer on the principal location of the employment.(b)  The employer shall file the agreement with the division on request.(c)  A person commits an administrative violation if the person violates Subsection (b). |Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.033, eff. September 1, 2005.|
TX Lab Code § 406.074 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter D. Extraterritorial Coverage|Section 406.074. Interjurisdictional Agreements

Sec. 406.074.  INTERJURISDICTIONAL AGREEMENTS.  (a)  The commissioner may enter into an agreement with an appropriate agency of another jurisdiction with respect to:(1)  conflicts of jurisdiction;(2)  assumption of jurisdiction in a case in which the contract of employment arises in one state and the injury is incurred in another;(3)  procedures for proceeding against a foreign employer who fails to comply with this subtitle; and(4)  procedures for the appropriate agency to use to proceed against an employer of this state who fails to comply with the workers' compensation laws of the other jurisdiction.(b)  An executed agreement that has been adopted as a rule by the commissioner binds all subject employers and employees.(c)  In this section, "appropriate agency" means an agency of another jurisdiction that administers the workers' compensation laws of that jurisdiction.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.034, eff. September 1, 2005.|
TX Lab Code § 406.075 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter D. Extraterritorial Coverage|Section 406.075. Effect of Compensation Paid in Other Jurisdiction

Sec. 406.075.  EFFECT OF COMPENSATION PAID IN OTHER JURISDICTION.  (a)  An injured employee who elects to pursue the employee's remedy under the workers' compensation laws of another jurisdiction and who recovers benefits under those laws may not recover under this subtitle.(b)  The amount of benefits accepted under the laws of the other jurisdiction without an election under Subsection (a) shall be credited against the benefits that the employee would have received had the claim been made under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.091 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.091. Exempt Employees; Voluntary Coverage

Sec. 406.091.  EXEMPT EMPLOYEES;  VOLUNTARY COVERAGE.  (a)  The following employees are not subject to this subtitle:(1)  a person employed as a domestic worker or a casual worker engaged in employment incidental to a personal residence;(2)  a person covered by a method of compensation established under federal law;  or(3)  except as provided by Subchapter H, a farm or ranch employee.(b)  An employer may elect to obtain workers' compensation insurance coverage for an employee or classification of employees exempted from coverage under Subsection (a)(1) or (a)(3).  Obtaining that coverage constitutes acceptance by the employer of the rights and responsibilities imposed under this subtitle as of the effective date of the coverage for as long as the coverage remains in effect.(c)  An employer who does not obtain coverage for exempt employees is not deprived of the common-law defenses described by Section 406.033, but this section does not reinstate or otherwise affect the availability of those or other defenses at common law.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.092 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.092. Alien Employees and Beneficiaries

Sec. 406.092.  ALIEN EMPLOYEES AND BENEFICIARIES.  (a)  A resident or nonresident alien employee or legal beneficiary is entitled to compensation under this subtitle.(b)  A nonresident alien employee or legal beneficiary, at the election of the employee or legal beneficiary, may be represented officially by a consular officer of the country of which the employee or legal beneficiary is a citizen.  That officer may receive benefit payments for distribution to the employee or legal beneficiary.  The receipt of the payments constitutes full discharge of the insurance carrier's liability for those payments.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.093 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.093. Legally Incompetent Employees

Sec. 406.093.  LEGALLY INCOMPETENT EMPLOYEES.  (a)  The guardian of an injured employee who is a minor or is otherwise legally incompetent may exercise on the employee's behalf the rights and privileges granted to the employee under this subtitle.(b)  The commissioner by rule shall adopt procedures relating to the method of payment of benefits to legally incompetent employees.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.035, eff. September 1, 2005.|
TX Lab Code § 406.094 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.094. Certain Persons Licensed by Texas Real Estate Commission

Sec. 406.094.  CERTAIN PERSONS LICENSED BY TEXAS REAL ESTATE COMMISSION.  (a)  An employer who elects to provide workers' compensation insurance coverage may include in the coverage a real estate salesperson or broker who is:(1)  licensed under Chapter 1101, Occupations Code;  and(2)  compensated solely by commissions.(b)  If coverage is elected by the employer, the insurance policy must specifically name the salesperson or broker.  The coverage continues while the policy is in effect and the named salesperson or broker is endorsed on the policy.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.788, eff. Sept. 1, 2003.|
TX Lab Code § 406.095 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.095. Certain Professional Athletes

Sec. 406.095.  CERTAIN PROFESSIONAL ATHLETES.  (a)  A professional athlete employed under a contract for hire or a collective bargaining agreement who is entitled to benefits for medical care and weekly benefits that are equal to or greater than the benefits provided under this subtitle may not receive benefits under this subtitle and the equivalent benefits under the contract or collective bargaining agreement.  An athlete covered by such a contract or agreement who sustains an injury in the course and scope of the athlete's employment shall elect to receive either the benefits available under this subtitle or the benefits under the contract or agreement.(b)  The commissioner by rule shall establish the procedures and requirements for an election under this section.(c)  In this section, "professional athlete" means a person employed as a professional athlete by a franchise of:(1)  the National Football League;(2)  the National Basketball Association;(3)  the American League of Professional Baseball Clubs;(4)  the National League of Professional Baseball Clubs;(5)  the International Hockey League;(6)  the National Hockey League; or(7)  the Central Hockey League.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1995.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.036, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 815 (S.B. 742), Sec. 1, eff. September 1, 2005.|
TX Lab Code § 406.096 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.096. Required Coverage for Certain Building or Construction Contractors

Sec. 406.096.  REQUIRED COVERAGE FOR CERTAIN BUILDING OR CONSTRUCTION CONTRACTORS.  (a)  A governmental entity that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project.(b)  Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity.(c)  A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity.(d)  The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction.(e)  In this section:(1)  "Building or construction" includes:(A)  erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance;(B)  remodeling, extending, repairing, or demolishing a structure;  or(C)  otherwise improving real property or an appurtenance to real property through similar activities.(2)  "Governmental entity" means this state or a political subdivision of this state.  The term includes a municipality.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.097 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.097. Executive Employees of Certain Business Entities

Sec. 406.097.  EXECUTIVE EMPLOYEES OF CERTAIN BUSINESS ENTITIES.  (a)  A sole proprietor, partner, or corporate executive officer of a business entity that elects to provide workers' compensation insurance coverage is entitled to benefits under that coverage as an employee unless the sole proprietor, partner, or corporate executive officer is specifically excluded from coverage through an endorsement to the insurance policy or certificate of authority to self-insure.(b)  The dual capacity doctrine does not apply to a corporate executive officer with an equity ownership in the covered business entity of at least 25 percent and will not invalidate the exclusion of such a corporate executive officer from coverage under Subsection (a).(c)  A sole proprietor or partner of a covered business entity or a corporate officer with an equity ownership in a covered business entity of at least 25 percent may be excluded from coverage under this section notwithstanding Section 406.096.|Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.20, eff. Sept. 1, 1995.|
TX Lab Code § 406.098 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter E. Application of Coverage to Certain Employees|Section 406.098. Volunteer Emergency Service Members and Personnel

Sec. 406.098.  VOLUNTEER EMERGENCY SERVICE MEMBERS AND PERSONNEL.  (a)  An emergency service organization which is not a political subdivision or which is separate from any political subdivision may elect to obtain workers' compensation insurance coverage for its named volunteer members who participate in the normal functions of the organization.  A person covered under this subsection is entitled to full medical benefits and the minimum compensation payments under the law.(b)  In this section, unless a different meaning is plainly required by law:(1)  "Emergency service organization" means any organization established to provide for the general public:(A)  fire prevention and suppression;(B)  hazardous materials response operations;  or(C)  emergency medical services.(2)  "Volunteer members" means individuals who are carried on the membership list of the organization as active participants and who receive no remuneration for their services.(3)  "Normal functions" means any response to, participation in, or departure from an incident scene;  training;  meetings;  performance of equipment maintenance;  or organizational functions.(4)  "Political subdivision" means a county, municipality, special district, school district, junior college district, housing authority, community center for mental health and mental retardation services established under Subchapter A, Chapter 534, Health and Safety Code, or any other legally constituted political subdivision of the state.(c)  The commissioner of insurance shall adopt rules governing the method of calculating premiums for workers' compensation insurance coverage for volunteer members who are covered pursuant to this section.|Added by Acts 1995, 74th Leg., ch. 849, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Labor Code Sec. 406.097 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(63), eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.037, eff. September 1, 2005.|
TX Lab Code § 406.121 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter F. Coverage of Certain Independent Contractors|Section 406.121. Definitions

Sec. 406.121.  DEFINITIONS.  In this subchapter:(1)  "General contractor" means a person who undertakes to procure the performance of work or a service, either separately or through the use of subcontractors.  The term includes a "principal contractor," "original contractor," "prime contractor," or other analogous term.  The term does not include a motor carrier that provides a transportation service through the use of an owner operator.(2)  "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who ordinarily:(A)  acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship;(B)  is free to determine the manner in which the work or service is performed, including the hours of labor of or method of payment to any employee;(C)  is required to furnish or to have employees, if any, furnish necessary tools, supplies, or materials to perform the work or service;  and(D)  possesses the skills required for the specific work or service.(3)  "Motor carrier" means a person who operates a motor vehicle over a public highway in this state to provide a transportation service or who contracts to provide that service.(4)  "Owner operator" means a person who provides transportation services under contract for a motor carrier.  An owner operator is an independent contractor.(5)  "Subcontractor" means a person who contracts with a general contractor to perform all or part of the work or services that the general contractor has undertaken to perform.(6)  "Transportation service" means providing a motor vehicle, with a driver under contract, to transport passengers or property.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.122 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter F. Coverage of Certain Independent Contractors|Section 406.122. Status as Employee

Sec. 406.122.  STATUS AS EMPLOYEE.  (a)  For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who is an employer under this subtitle is an employee of that general contractor or motor carrier, unless the person is:(1)  operating as an independent contractor;  or(2)  hired to perform the work or provide the service as an employee of a person operating as an independent contractor.(b)  A subcontractor and the subcontractor's employees are not employees of the general contractor for purposes of this subtitle if the subcontractor:(1)  is operating as an independent contractor;  and(2)  has entered into a written agreement with the general contractor that evidences a relationship in which the subcontractor assumes the responsibilities of an employer for the performance of work.(c)  An owner operator and the owner operator's employees are not employees of a motor carrier for the purposes of this subtitle if the owner operator has entered into a written agreement with the motor carrier that evidences a relationship in which the owner operator assumes the responsibilities of an employer for the performance of work.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|