Texas Labor Code - Section 406.162. Scope
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§ 406.162. SCOPE. (a) This subtitle applies to an action
to recover damages for personal injuries or death sustained by a
farm or ranch employee who is:
(1) a migrant worker;
(2) a seasonal worker:
(A) employed on a truck farm, orchard, or
vineyard;
(B) employed by a person with a gross annual
payroll for the preceding year in an amount not less than the
greater of the required payroll for the year preceding that year,
adjusted for inflation, or $25,000; or
(C) working for a farmer, ranch operator, or
labor agent who employs a migrant worker and doing the same work at
the same time and location as the migrant worker; or
(3) an employee, other than a migrant or seasonal
worker:
(A) for years before 1991, employed by a person
with a gross annual payroll for the preceding year of at least
$50,000; and
(B) for 1991 and subsequent years, employed by a
person:
(i) with a gross annual payroll in an amount
required for coverage of seasonal workers under Subdivision (2)(B);
or
(ii) who employs three or more farm or ranch
employees other than migrant or seasonal workers.
(b) The comptroller shall prepare a consumer price index for
this state and shall certify the applicable index factor to the
division before October 1 of each year. The division shall adjust
the gross annual payroll requirement under Subsection (a)(2)(B)
accordingly.
(c) For the purposes of this section, the gross annual
payroll of a person includes any amount paid by the person to a
labor agent for the agent's services and for the services of migrant
or seasonal workers but does not include wages paid to:
(1) the person or a member of the person's family, if
the person is a sole proprietor;
(2) a partner in a partnership or a member of the
partner's family; or
(3) a shareholder of a corporation in which all
shareholders are family members or a member of the shareholder's
family.
(d) This subchapter does not affect the application or
interpretation of this subtitle as it relates to persons engaged in
activities determined before January 1, 1985, not to be farm or
ranch labor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2005, 79th Leg., ch. 265, § 3.041, eff. Sept. 1, 2005.
Section: 406.141 406.142 406.143 406.144 406.145 406.146 406.161 406.162 406.163 406.164 406.165 407.001 407.023 407.024 407.041
Last modified: August 10, 2007
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