Texas Labor Code - Section 406.121. Definitions
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§ 406.121. DEFINITIONS. 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
(D) possesses the skills required for the
specific work or service.
(3) "Motor carrier" means a person who operates a
motor vehicle over a public highway in this state to provide a
transportation service or who contracts to provide that service.
(4) "Owner operator" means a person who provides
transportation services under contract for a motor carrier. An
owner operator is an independent contractor.
(5) "Subcontractor" means a person who contracts with
a general contractor to perform all or part of the work or services
that the general contractor has undertaken to perform.
(6) "Transportation service" means providing a motor
vehicle, with a driver under contract, to transport passengers or
property.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Section: 406.092 406.093 406.094 406.095 406.096 406.097 406.098 406.121 406.122 406.123 406.124 406.125 406.126 406.127 406.141
Last modified: August 10, 2007
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