Division Accepting Public Comment on Hiring Contractor Forms, Rules
The Texas Department of Insurance, Division of Workers’ Compensation is formulating plans to amend one rule and two forms that relate to hiring contractor joint agreements. These changes are to comply with changes required by the passage of HB 1665 during the 86th legislative session in 2019.
House Bill 1665 amended Texas Labor Code §406.145, Joint Agreement, to require that the hiring contractor file a legible copy of the subsequent hiring agreement with the Division of Workers’ Compensation only on DWC’s request.
The Division plans to amend the reporting requirements in Rule 112.203 and the instructions on the DWC-83, Agreement for Certain Building and Construction Workers and the DWC-84, Exception to Application of Joint Agreement for Certain Building and Construction Workers to conform with the changes the Legislature made to Labor Code §406.145 under HB 1665.
The Division will also review these forms for plain language and agency style at a later date. Finally, the agency also plans to delete the headings for Subchapters B, C, D, and E in Chapter 112 to simplify how the rules are organized and make them easier to access and more user-friendly. Only the headings used for Subchapters B, C, D, and E will be deleted. The text in sections in Subchapters B, C, D, and E will not be deleted.
The proposed rule will be published in the November 13, 2020, issue of the Texas Register and will be available for review at www.sos.state.tx.us/texreg/index.shtml once published. The Division has also posted a copy of the proposed rules on the agency website at www.tdi.texas.gov/wc/rules/2020rules.html.
System stakeholders may submit written comments on the proposal to RuleComments@tdi.texas.gov, or mail or deliver them to:
Cynthia Guillen
Legal Services, MS-4D
Texas Department of Insurance, Division of Workers’ Compensation
7551 Metro Center Drive, Suite 100
Austin, Texas 78744-1645
The deadline to submit comments is 5 p.m., Central time, on December 14, 2020.
If you have questions concerning these proposes, please contact James Sheffield or Steve Tipton in our office.
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