Texas Labor Code

§ 406.121 — DEFINITIONS

LA § 406.121Title 5. WORKERS' COMPENSATION · Part A. TEXAS WORKERS' COMPENSATION ACT · Ch. 406. WORKERS' COMPENSATION INSURANCE COVERAGE · Art. F. COVERAGE OF CERTAIN INDEPENDENT CONTRACTORS

Statute text

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In this subchapter:

(1)"General contractor" means a person who undertakes to procure the performance of work or a service, either separately or through the use of subcontractors. The term includes a "principal contractor," "original contractor," "prime contractor," or other analogous term. The term does not include a motor carrier that provides a transportation service through the use of an owner operator.

(2)"Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who ordinarily:

(A)acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship;

(B)is free to determine the manner in which the work or service is performed, including the hours of labor of or method of payment to any employee;

(C)is required to furnish or to have employees, if any, furnish necessary tools, supplies, or materials to perform the work or service; and

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Legislative history

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.