Texas Administrative Code

Texas Administrative Code

TITLE 28	INSURANCE
PART 2	TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 112	SCOPE OF LIABILITY FOR COMPENSATION
RULE §112.203	Exception to Application of Agreement to Affirm Independent Relationship for Certain Building and Construction Workers

(a) If a subsequent hiring agreement is made that expressly states that the joint statement made under §112.202 of this title (relating to Joint Agreement To Affirm Independent Relationship for Certain Building and Construction Workers) does not apply to that hiring agreement, the hiring contractor must maintain the original and file a legible copy of the agreement with the hiring contractor's insurance carrier. Nothing in this section otherwise nullifies the joint statement as it applies to other hiring agreements made during the term of the joint statement.

(b) The notification must be filed in the form and manner prescribed by the division and must:

(1) specify the date the agreement to affirm an independent relationship was made;

(2) specify the parties to the agreement and the location of the job site(s);

(3) specify the date this agreement was made;

(4) contain the signatures of both parties.

(c) If a person who is covered by an independent contractor agreement signed under this section is found to be an employee of the hiring contractor, the person:

(1) is covered under the hiring contractor's workers' compensation policy;

(2) must receive a refund from the hiring contractor for all amounts improperly deducted as premium.

(d) The notification must be provided in the form and manner prescribed by the division no later than 10 days from the date the subsequent hiring agreement was executed. An agreement is not considered filed if it is illegible or incomplete.

Source Note: The provisions of this §112.203 adopted to be effective February 26, 1991, 16 TexReg 896; amended to be effective March 13, 2000, 25 TexReg 2082; amended to be effective February 10, 2021, 46 TexReg 922