reglab/housing_qa huggingface dataset:
TX Lab Code § 406.123 (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 406.123. Election to Provide Coverage; Administrative Violation

Sec. 406.123.  ELECTION TO PROVIDE COVERAGE;  ADMINISTRATIVE VIOLATION.  (a)  A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage to the subcontractor and the employees of the subcontractor.(b)  If a general contractor has workers' compensation insurance to protect the general contractor's employees and if, in the course and scope of the general contractor's business, the general contractor enters into a contract with a subcontractor who does not have employees, the general contractor shall be treated as the employer of the subcontractor for the purposes of this subtitle and may enter into an agreement for the deduction of premiums paid in accordance with Subsection (d).(c)  A motor carrier and an owner operator may enter into a written agreement under which the motor carrier provides workers' compensation insurance coverage to the owner operator and the employees of the owner operator.(d)  If a general contractor or a motor carrier elects to provide coverage under Subsection (a) or (c), then, notwithstanding Section 415.006, the actual premiums, based on payroll, that are paid or incurred by the general contractor or motor carrier for the coverage may be deducted from the contract price or other amount owed to the subcontractor or owner operator by the general contractor or motor carrier.(e)  An agreement under this section makes the general contractor the employer of the subcontractor and the subcontractor's employees only for purposes of the workers' compensation laws of this state.(f)  A general contractor shall file a copy of an agreement entered into under this section with the general contractor's workers' compensation insurance carrier not later than the 10th day after the date on which the contract is executed.  If the general contractor is a certified self-insurer, the copy must be filed with the division.(g)  A general contractor who enters into an agreement with a subcontractor under this section commits an administrative violation if the contractor fails to file a copy of the agreement as required by Subsection (f). (h)  Notwithstanding Subsection (b), a person who performs work or provides a service for an oil or gas well operator and who is an independent contractor that has no employees shall be treated in the same manner as an independent contractor with employees and is not entitled to coverage under the general contractor's workers' compensation insurance policy unless the independent contractor and the general contractor enter into an agreement under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 88, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.038, eff. September 1, 2005.|
TX Lab Code § 406.124 (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 406.124. Cause of Action

Sec. 406.124.  CAUSE OF ACTION.  If a person who has workers' compensation insurance coverage subcontracts all or part of the work to be performed by the person to a subcontractor with the intent to avoid liability as an employer under this subtitle, an employee of the subcontractor who sustains a compensable injury in the course and scope of the employment shall be treated as an employee of the person for purposes of workers' compensation and shall have a separate right of action against the subcontractor.  The right of action against the subcontractor does not affect the employee's right to compensation under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.125 (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 406.125. Restriction of Unsafe Work Practices Unaffected

Sec. 406.125.  RESTRICTION OF UNSAFE WORK PRACTICES UNAFFECTED.  This subchapter does not prevent a general contractor from directing a subcontractor or the employees of a subcontractor to stop or change an unsafe work practice.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.126 (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 406.126. Exemption

Sec. 406.126.  EXEMPTION.  This subchapter does not apply to farm or ranch employees.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.127 (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 406.127. Effect of Certain Contracts of Hire

Sec. 406.127.  EFFECT OF CERTAIN CONTRACTS OF HIRE.  An insurance company may not demand an insurance premium from an employer for coverage of an independent contractor or an employee of an independent contractor if the independent contractor is under a contract of hire with the employer.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.141 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.141. Definitions

Sec. 406.141.  DEFINITIONS.  In this subchapter:(1)  "Hiring contractor" means a general contractor or subcontractor who, in the course of regular business, subcontracts all or part of the work to be performed to other persons.(2)  "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who:(A)  is paid by the job and not by the hour or some other time-measured basis;(B)  is free to hire as many helpers as desired and may determine the pay of each helper;  and(C)  is free to, while under contract to the hiring contractor, work for other contractors or is free to send helpers to work for other contractors.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.142 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.142. Application

Sec. 406.142.  APPLICATION.  This subchapter applies only to contractors and workers preparing to construct, constructing, altering, repairing, extending, or demolishing:(1)  a residential structure;(2)  a commercial structure that does not exceed three stories in height or 20,000 square feet in area;  or(3)  an appurtenance to a structure described by Subdivision (1) or (2).|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.143 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.143. Provision of Workers' Compensation Insurance; Independent Contractor Without Employees

Sec. 406.143.  PROVISION OF WORKERS' COMPENSATION INSURANCE;  INDEPENDENT CONTRACTOR WITHOUT EMPLOYEES.  (a)  Unless the independent contractor and hiring contractor enter into an agreement under Section 406.144, the independent contractor is responsible for any workers' compensation insurance coverage provided to an employee of the independent contractor, and the independent contractor's employees are not entitled to workers' compensation insurance coverage from the hiring contractor.(b)  An independent contractor without employees shall be treated in the same manner as an independent contractor with employees and is not entitled to coverage under the hiring contractor's workers' compensation insurance policy unless the independent contractor and hiring contractor enter into an agreement under Section 406.144.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.144 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.144. Election to Provide Coverage; Agreement

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.|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.|
TX Lab Code § 406.145 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.145. Joint Agreement

Sec. 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)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff. June 9, 2017.(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 Section 406.144.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.040, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 5, eff. June 9, 2017.Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff. June 9, 2017.Acts 2019, 86th Leg., R.S., Ch. 129 (H.B. 1665), Sec. 1, eff. May 23, 2019.|
TX Lab Code § 406.146 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter G. Coverage of Certain Building and Construction Workers|Section 406.146. Wrongful Inducement Prohibited

Sec. 406.146.  WRONGFUL INDUCEMENT PROHIBITED.  (a)  A hiring contractor may not:(1)  wrongfully induce an employee to enter into a joint agreement under Section 406.145 stating that the employee is an independent contractor;  or(2)  exert controls over an independent contractor or an employee of an independent contractor sufficient to make that person an employee under common-law tests.(b)  A hiring contractor does not exert employer-like controls over an independent contractor or an independent contractor's employee solely because of:(1)  controlling the hours of labor, if that control is exercised only to:(A)  establish the deadline for the completion of the work called for by the contract;(B)  schedule work to occur in a logical sequence and to avoid delays or interference with the work of other contractors;  or(C)  schedule work to avoid disturbing neighbors during night or early morning hours or at other times when the independent contractor's activities would unreasonably disturb activities in the neighborhood;  or(2)  stopping or directing work solely to prevent or correct an unsafe work practice or condition or to control work to ensure that the end product is in compliance with the contracted for result.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.161 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter H. Coverage of Farm and Ranch Employees|Section 406.161. Definitions

Sec. 406.161.  DEFINITIONS.  In this subchapter:(1)  "Agricultural labor" means the planting, cultivating, or harvesting of an agricultural or horticultural commodity in its unmanufactured state.(2)  "Family" means persons related within the third degree by consanguinity or affinity.(3)  "Labor agent" means a person who:(A)  is a farm labor contractor for purposes of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Section 1801 et seq.);  or(B)  otherwise recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers who work for the benefit of a third party.(4)  "Migrant worker" means an individual who is:(A)  employed in agricultural labor of a seasonal or temporary nature;  and(B)  required to be absent overnight from the worker's permanent place of residence.(5)  "Seasonal worker" means an individual who is:(A)  employed in agricultural or ranch labor of a seasonal or temporary nature;  and(B)  not required to be absent overnight from the worker's permanent place of residence.(6)  "Truck farm" means a farm on which fruits, garden vegetables for human consumption, potatoes, sugar beets, or vegetable seeds are produced for market.  The term includes a farm primarily devoted to one of those crops that also has incidental acreage of other crops.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.162 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter H. Coverage of Farm and Ranch Employees|Section 406.162. Scope

Sec. 406.162.  SCOPE.  (a)  This subtitle applies to an action to recover damages for personal injuries or death sustained by a farm or ranch employee who is:(1)  a migrant worker;(2)  a seasonal worker:(A)  employed on a truck farm, orchard, or vineyard;(B)  employed by a person with a gross annual payroll for the preceding year in an amount not less than the greater of the required payroll for the year preceding that year, adjusted for inflation, or $25,000;  or(C)  working for a farmer, ranch operator, or labor agent who employs a migrant worker and doing the same work at the same time and location as the migrant worker;  or(3)  an employee, other than a migrant or seasonal worker:(A)  for years before 1991, employed by a person with a gross annual payroll for the preceding year of at least $50,000;  and(B)  for 1991 and subsequent years, employed by a person:(i)  with a gross annual payroll in an amount required for coverage of seasonal workers under Subdivision (2)(B);  or(ii)  who employs three or more farm or ranch employees other than migrant or seasonal workers.(b)  The comptroller shall prepare a consumer price index for this state and shall certify the applicable index factor to the division before October 1 of each year.  The division shall adjust the gross annual payroll requirement under Subsection (a)(2)(B) accordingly.(c)  For the purposes of this section, the gross annual payroll of a person includes any amount paid by the person to a labor agent for the agent's services and for the services of migrant or seasonal workers but does not include wages paid to:(1)  the person or a member of the person's family, if the person is a sole proprietor;(2)  a partner in a partnership or a member of the partner's family;  or(3)  a shareholder of a corporation in which all shareholders are family members or a member of the shareholder's family.(d)  This subchapter does not affect the application or interpretation of this subtitle as it relates to persons engaged in activities determined before January 1, 1985, not to be farm or ranch labor.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.041, eff. September 1, 2005.|
TX Lab Code § 406.163 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter H. Coverage of Farm and Ranch Employees|Section 406.163. Liability of Labor Agent; Joint and Several Liability

Sec. 406.163.  LIABILITY OF LABOR AGENT;  JOINT AND SEVERAL LIABILITY.  (a)  A labor agent who furnishes a migrant or seasonal worker is liable under this subtitle as if the labor agent were the employer of the worker, without regard to the right of control or other factors used to determine an employer-employee relationship.(b)  If the labor agent does not have workers' compensation insurance coverage, the person with whom the labor agent contracts for the services of the migrant or seasonal worker is jointly and severally liable with the labor agent in an action to recover damages for personal injuries or death suffered by the migrant or seasonal worker as provided by this subtitle, and, for that purpose, the migrant or seasonal worker is considered the employee of the person with whom the labor agent contracts and that person may obtain workers' compensation insurance coverage for that worker as provided by this subtitle.  If a migrant or seasonal worker is covered by workers' compensation insurance coverage, the person with whom the labor agent contracts is not liable in a separate action for injury or death except to the extent provided by this subtitle.(c)  A labor agent shall notify each person with whom the agent contracts of whether the agent has workers' compensation insurance coverage.  If the agent does have workers' compensation insurance coverage, the agent shall present evidence of the coverage to each person with whom the agent contracts.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.164 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter H. Coverage of Farm and Ranch Employees|Section 406.164. Elective Coverage of Employer and Family Members

Sec. 406.164.  ELECTIVE COVERAGE OF EMPLOYER AND FAMILY MEMBERS.  (a)  A person who purchases a workers' compensation insurance policy covering farm or ranch employees may cover the person, a partner, a corporate officer, or a family member in that policy.  The insurance policy must specifically name the individual to be covered.(b)  The elective coverage continues while the policy is in effect and the named individual is endorsed on the policy.(c)  A member of an employer's family is exempt from coverage under the policy unless an election for that coverage is made under this section.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 406.165 (2021)
2021 Texas Statutes|Labor Code|Title 5 - Workers' Compensation|Subtitle A - Texas Workers' Compensation Act|Chapter 406 - Workers' Compensation Insurance Coverage|Subchapter H. Coverage of Farm and Ranch Employees|Section 406.165. Not Applicable to Independent Contractors

Sec. 406.165.  NOT APPLICABLE TO INDEPENDENT CONTRACTORS.  (a)  A farm or ranch employee who performs work or provides a service for a farm or ranch employer subject to this subchapter is an employee of that employer unless the employee is hired to perform the work or provide the service as an employee of an independent contractor.(b)  In this section, "independent contractor" means a person, other than a labor agent, who contracts with a farm or ranch employer to perform work or provide a service for the benefit of the employer and who ordinarily:(1)  acts as the employer of the employee by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship;(2)  is free to determine the manner in which the work or service is performed, including the hours of labor or the method of payment;(3)  is required to furnish necessary tools, supplies, or materials to perform the work or service;  and(4)  possesses skills required for the specific work or service.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|