(a) An agreement between a general contractor and a subcontractor made in accordance with the Texas Labor Code, §406.123(a),(d),(e) or (l) shall:
(1) be in writing;
(2) state that the subcontractor and the subcontractor’s employees are employees of the general contractor for the sole purpose of workers’ compensation coverage;
(3) indicate whether the general contractor will make a deduction for the premiums;
(4) specify whether this is a blanket agreement or if it applies to a specific job location and, if so, list the location;
(5) contain the signatures of both parties;
(6) indicate the date the agreement was made, the term the agreement will be effective, and estimated number of workers affected by the agreement.
(b) The workers’ compensation insurance coverage provided by the general contractor under the agreement shall take effect no sooner than the date on which the agreement was executed and deductions for the premiums shall not be made for coverage provided prior to that date.
(c) If a person who is covered by a subcontractor agreement signed under this section is found to be an employee of the general contractor, the person:
(1) is covered under the general contractor’s workers’ compensation policy; and
(2) shall receive a refund from the general contractor for all amounts improperly deducted as premium.
(d) The general contractor shall maintain the original and file a legible copy of the agreement with the general contractor’s workers’ compensation insurance carrier within 10 days of the date of execution. An agreement is not considered filed if it is illegible or incomplete. If a general contractor and subcontractor enter into a written agreement in which the subcontractor assumes the responsibilities of an employer, as provided in the Texas Labor Code, §406.122(b) the general contractor shall provide a copy of the agreement to its carrier within 10 days of execution. After January 1, 1993, a general contractor who is a certified self-insurer shall file a copy of the agreement with the division within 10 days of the date of execution. Filing shall be made in the form and manner prescribed by the division.
(e) The general contractor shall be required to give the subcontractor’s employees the notice required under the Texas Labor Code, §406.005 when such an agreement is made.
(f) If a subcontractor makes an agreement in accordance with this rule, an employee of the subcontractor may elect to retain his common law rights as provided by the Texas Labor Code, §406.034.
The provisions of this §112.101 adopted to be effective February 27, 1991, 16 TexReg 985; amended to be effective March 13, 2000, 25 TexReg 2082; amended to be effective April 15, 2018, 43 TexReg 2151.