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Texas Labor Code

§ 406.122 — STATUS AS EMPLOYEE

LA § 406.122Title 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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(a)For purposes of workers' compensation insurance coverage, a person who performs work or provides a service for a general contractor or motor carrier who is an employer under this subtitle is an employee of that general contractor or motor carrier, unless the person is:
(1)operating as an independent contractor; or
(2)hired to perform the work or provide the service as an employee of a person operating as an independent contractor.
(b)A subcontractor and the subcontractor's employees are not employees of the general contractor for purposes of this subtitle if the subcontractor:
(1)is operating as an independent contractor; and
(2)has entered into a written agreement with the general contractor that evidences a relationship in which the subcontractor assumes the responsibilities of an employer for the performance of work.

Legislative history

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