| (ii) prior to the end of the coverage period, a new
certificate of coverage showing extension of the coverage period,
if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(F) retain all required certificates of coverage on
file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified
mail or personal delivery, within ten days after the person knew or
should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(H) contractually require each other person with whom
it contracts, to perform as required by subparagraphs (A) - (H) of
this paragraph, with the certificate of coverage to be provided to
the person for whom they are providing services.
(e) A person providing services on a project, other
than a contractor, shall:
(1) provide coverage for its employees providing services
on a project, for the duration of the project based on proper reporting
of classification codes and payroll amounts and filing of any coverage
agreements;
(2) provide a certificate of coverage as required by
its contract to provide services on the project, prior to beginning
work on the project;
(3) have the following language in its contract to
provide services on the project: "By signing this contract or providing
or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all
employees of the person signing this contract who will provide services
on the project will be covered by workers' compensation coverage for
the duration of the project, that the coverage will be based on proper
reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier
or, in the case of a self-insured, with the division. Providing false
or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions."
(4) provide the person for whom it is providing services
on the project, prior to the end of the coverage period shown on its
current certificate of coverage, a new certificate showing extension
of coverage, if the coverage period shown on the certificate of coverage
ends during the duration of the project;
(5) obtain from each person providing services on a
project under contract to it, and provide as required by its contract:
(A) a certificate of coverage, prior to the other person
beginning work on the project; and
(B) prior to the end of the coverage period, a new
certificate of coverage showing extension of the coverage period,
if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(6) retain all required certificates of coverage on
file for the duration of the project and for one year thereafter;
(7) notify the governmental entity in writing by certified
mail or personal delivery, of any change that materially affects the
provision of coverage of any person providing services on the project
and send the notice within ten days after the person knew or should
have known of the change; and
(8) contractually require each other person with whom
it contracts to:
(A) provide coverage based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements for
all of its employees providing services on the project, for the duration
of the project;
(B) provide a certificate of coverage to it prior to
that other person beginning work on the project;
(C) include in all contracts to provide services on
the project the language in paragraph (3) of this subsection;
(D) provide, prior to the end of the coverage period,
a new certificate of coverage showing extension of the coverage period,
if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
(E) obtain from each other person under contract to
it to provide services on the project, and provide as required by
its contract:
(i) a certificate of coverage, prior to the other person
beginning work on the project; and
(ii) prior to the end of the coverage period, a new
certificate of coverage showing extension of the coverage period,
if the coverage period shown on the current certificate of coverage
ends during the duration of the contract;
(F) retain all required certificates of coverage on
file for the duration of the project and for one year thereafter;
(G) notify the governmental entity in writing by certified
mail or personal delivery, within ten days after the person knew or
should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(H) contractually require each person with whom it
contracts, to perform as required by this subparagraph and subparagraphs
(A) - (G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this rule that can
be given effect without the invalid provision or application, and
to this end the provisions of this rule are declared to be severable.
(g) This rule is applicable for building or construction
contracts advertised for bid by a governmental entity on or after
September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994,
which are not required by law to be advertised for bid.
(h) The coverage requirement in this rule does not
apply to motor carriers who are required pursuant to Texas Civil Statutes,
Article 6675c, to register with the Texas Department of Transportation
and who provide accidental insurance coverage pursuant to Texas Civil
Statutes, Article 6675c, §4(j).
(i) The coverage requirement in this rule does not
apply to sole proprietors, partners, and corporate officers who meet
the requirements of the Act, §406.097(c), and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a)
(as added by House Bill 1089, 74th Legislature, 1995, §1.20).
This subsection applies only to sole proprietors, partners, and corporate
executive officers who are excluded from coverage in an insurance
policy or certificate of authority to self-insure that is delivered,
issued for delivery, or renewed on or after January 1, 1996.
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