Tex. Labor Code Section 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 (Definitions)(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 (Election to Provide Coverage; Agreement) 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Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff.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Repealed by Acts 2017, 85th Leg., R.S., Ch. 467 (H.B. 2112), Sec. 11(3), eff.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 (Election to Provide Coverage; Agreement).
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.

Source: Section 406.145 — Joint Agreement, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­406.­htm#406.­145 (accessed Mar. 23, 2024).

406.001
Definition
406.002
Coverage Generally Elective
406.003
Methods of Obtaining Coverage
406.004
Employer Notice to Division
406.005
Employer Notice to Employees
406.006
Insurance Coverage and Claim Administration Reporting Requirements
406.007
Termination of Coverage by Employer
406.008
Cancellation or Nonrenewal of Coverage by Insurance Company
406.009
Collecting and Maintaining Information
406.010
Claims Service
406.011
Austin Representative
406.012
Enforcement of Subchapter
406.031
Liability for Compensation
406.032
Exceptions
406.033
Common-law Defenses
406.034
Employee Election
406.035
Waiver of Compensation Prohibited
406.051
Security by Commercial Insurance
406.052
Effect of Other Insurance Coverage
406.053
All States Coverage
406.071
Extraterritorial Coverage
406.072
Principal Location
406.073
Agreement on Principal Location
406.074
Interjurisdictional Agreements
406.075
Effect of Compensation Paid in Other Jurisdiction
406.091
Exempt Employees
406.092
Alien Employees and Beneficiaries
406.093
Legally Incompetent Employees
406.094
Certain Persons Licensed by Texas Real Estate Commission
406.095
Certain Professional Athletes
406.096
Required Coverage for Certain Building or Construction Contractors
406.097
Executive Employees of Certain Business Entities
406.098
Volunteer Emergency Service Members and Personnel
406.121
Definitions
406.122
Status as Employee
406.123
Election to Provide Coverage
406.124
Cause of Action
406.125
Restriction of Unsafe Work Practices Unaffected
406.126
Exemption
406.127
Effect of Certain Contracts of Hire
406.141
Definitions
406.142
Application
406.143
Provision of Workers’ Compensation Insurance
406.144
Election to Provide Coverage
406.145
Joint Agreement
406.146
Wrongful Inducement Prohibited
406.161
Definitions
406.162
Scope
406.163
Liability of Labor Agent
406.164
Elective Coverage of Employer and Family Members
406.165
Not Applicable to Independent Contractors

Accessed:
Mar. 23, 2024

§ 406.145’s source at texas​.gov