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A BILL TO BE ENTITLED
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AN ACT
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relating to the status of a subcontractor as an employee for the |
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purposes of workers' compensation insurance coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 406.122(b), Labor Code, is amended to |
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read as follows: |
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(b) Unless the general contractor and subcontractor have |
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entered into a written agreement under Section 406.123, a [A] |
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subcontractor and the subcontractor's employees are not employees |
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of the general contractor for purposes of this subtitle if the |
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subcontractor: |
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(1) is operating as an independent contractor; and |
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(2) has entered into a written agreement with the |
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general contractor that evidences a relationship in which the |
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subcontractor assumes the responsibilities of an employer for the |
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performance of work. |
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SECTION 2. The change in law made by this Act applies to a |
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written agreement under Section 406.123, Labor Code, entered into |
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on or after the effective date of this Act. A written agreement |
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entered into before the effective date of this Act is governed by |
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the law in effect on the date the written agreement was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |