Texas Administrative Code › Title 28 - INSURANCE › Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION › Chapter 110 - REQUIRED NOTICES OF COVERAGE › Subchapter B - EMPLOYER NOTICES › Section 110.110 - Reporting Requirements for Building or Construction Projects for Governmental Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this rule, shall have the following meanings,
				  unless the context clearly indicates otherwise. Terms not defined in this rule
				  shall have the meaning defined in the Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate)--A
				  copy of a certificate of insurance, a certificate of authority to self-insure
				  issued by the division, or a workers' compensation coverage agreement (DWC
				  Form-81, DWC Form-82, DWC Form-83, or DWC Form-84), showing statutory workers'
				  compensation insurance coverage for the person's or entity's employees
				  (including those subject to a coverage agreement) providing services on a
				  project, for the duration of the project.
(2) Building or construction--Has the meaning
				  defined in the Texas Labor Code, §
											406.096(e)(1).
(3) Contractor--A person bidding for or
				  awarded a building or construction project by a governmental entity.
(4) Coverage--Workers' compensation insurance
				  meeting the statutory requirements of the Texas Labor Code, §
											401.011(44).
(5) Coverage agreement--A written agreement
				  on DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-84, filed with the
				  Division of Workers' Compensation which establishes a relationship between the
				  parties for purposes of the Texas Workers' Compensation Act, pursuant to the
				  Texas Labor Code, Chapter 406, Subchapters F and G, as one of employer/employee
				  and establishes who will be responsible for providing workers' compensation
				  coverage for persons providing services on the project.
(6) Duration of the project--Includes the
				  time from the beginning of work on the project until the work on the project
				  has been completed and accepted by the governmental entity.
(7) Persons providing services on the project
				  ("subcontractor" in §406.096 of the Act)--With the exception of persons
				  excluded under subsections (h) and (i) of this section, includes all persons or
				  entities performing all or part of the services the contractor has undertaken
				  to perform on the project, regardless of whether that person contracted
				  directly with the contractor and regardless of whether that person has
				  employees. This includes but is not limited to independent contractors,
				  subcontractors, leasing companies, motor carriers, owner-operators, employees
				  of any such entity, or employees of any entity furnishing persons to perform
				  services on the project. "Services" includes but is not limited to providing,
				  hauling, or delivering equipment or materials, or providing labor,
				  transportation, or other service related to a project. "Services" does not
				  include activities unrelated to the project, such as food/beverage vendors,
				  office supply deliveries, and delivery of portable toilets.
(8) Project--Includes the provision of all
				  services related to a building or construction contract for a governmental
				  entity.