Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 406.122 - Status As Employee(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.(c) An owner operator and the owner operator's employees are not employees of a motor carrier for the purposes of this subtitle if the owner operator has entered into a written agreement with the motor carrier that evidences a relationship in which the owner operator assumes the responsibilities of an employer for the performance of work. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. 9/1/1993.