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1 | 1 | 84R7726 JSC-F | |
2 | 2 | By: Eltife S.B. No. 666 | |
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. |