| 1 | 1 | | 84R7726 JSC-F |
|---|
| 2 | 2 | | By: Workman, Oliveira, Simmons H.B. No. 1668 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the status of a subcontractor as an employee for the |
|---|
| 8 | 8 | | purposes of workers' compensation insurance coverage. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 406.122(b), Labor Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (b) Unless the general contractor and subcontractor have |
|---|
| 13 | 13 | | entered into a written agreement under Section 406.123, a [A] |
|---|
| 14 | 14 | | subcontractor and the subcontractor's employees are not employees |
|---|
| 15 | 15 | | of the general contractor for purposes of this subtitle if the |
|---|
| 16 | 16 | | subcontractor: |
|---|
| 17 | 17 | | (1) is operating as an independent contractor; and |
|---|
| 18 | 18 | | (2) has entered into a written agreement with the |
|---|
| 19 | 19 | | general contractor that evidences a relationship in which the |
|---|
| 20 | 20 | | subcontractor assumes the responsibilities of an employer for the |
|---|
| 21 | 21 | | performance of work. |
|---|
| 22 | 22 | | SECTION 2. The change in law made by this Act applies to a |
|---|
| 23 | 23 | | written agreement under Section 406.123, Labor Code, entered into |
|---|
| 24 | 24 | | on or after the effective date of this Act. A written agreement |
|---|
| 25 | 25 | | entered into before the effective date of this Act is governed by |
|---|
| 26 | 26 | | the law in effect on the date the written agreement was entered |
|---|
| 27 | 27 | | into, and the former law is continued in effect for that purpose. |
|---|
| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|