Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 406. WORKERS' COMPENSATION INSURANCE COVERAGE
Texas Codes

Tex. Lab. Code § 406.091 (2026)

Exempt Employees; Voluntary Coverage

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Sec. 406.091. EXEMPT EMPLOYEES; VOLUNTARY COVERAGE. (a) The following employees are not subject to this subtitle:

(1) a person employed as a domestic worker or a casual worker engaged in employment incidental to a personal residence;

(2) a person covered by a method of compensation established under federal law; or

(3) except as provided by Subchapter H, a farm or ranch employee.

(b) An employer may elect to obtain workers' compensation insurance coverage for an employee or classification of employees exempted from coverage under Subsection (a)(1) or (a)(3). Obtaining that coverage constitutes acceptance by the employer of the rights and responsibilities imposed under this subtitle as of the effective date of the coverage for as long as the coverage remains in effect.

(c) An employer who does not obtain coverage for exempt employees is not deprived of the common-law defenses described by Section 406.033, but this section does not reinstate or otherwise affect the availability of those or other defenses at common law.

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

Notes of Decisions
Cited in 15 cases, 1996–2015 · leading case: Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
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Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). · cites it 2× “" TEX. LAB.CODE § 406.091(a)(1). The Act exempts such employees from coverage, though it allows employer-homeowners to voluntarily accept the rights and responsibilities of providing such coverage.”
Texas Mexican Ry. Co. v. Bouchet, 963 S.W.2d 52 (Tex. 1998). · cites it 2× “TEX. LAB. CODE § 406.091(a)(2). Bouchet filed his lawsuit under FELA, 45 U.”
Pierce v. Holiday, 155 S.W.3d 676 (Tex. App.—Texarkana 2005). “Pierce did not seek worker’s compensation benefits under the Texas Workers’ Compensation Act, Tex. Lab.Code Ann. § 406.091(a)(3) (Vernon 1996), nor did he seek recovery through the Workers’ Compensation Board; and Pierce’s original petition (and each amended petition thereafter)…”
Robertson v. Home State Cnty. Mut. Ins. Co., 348 S.W.3d 273 (Tex. App.—Fort Worth 2011). · cites it 3× “See Tex. Lab. Code Ann. § 406.091 (a)(1). We conclude and hold that the employee exclusion applied to exclude coverage under the Policy for Robertson’s claims against Redi-Mix.”
Nichols v. Pabtex, Inc., 151 F. Supp. 2d 772 (E.D. Tex. 2001). “See Tex.Lab.Code Ann. § 406.091(a)(2) (Vernon 1995).”
Nixson v. Mobil Oil Corp., 928 S.W.2d 245 (Tex. App.—Houston [14th Dist.] 1996). “Tex. Labor Code Ann. § 406.091 (Vernon 1995)(emphasis added).”
Melvin West v. S. Cnty. Mut. Ins. Co., 427 S.W.3d 576 (Tex. App.—Dallas 2014). · cites it 2× “Tex. Lab.Code Ann. § 406.002 (West 2006); id.”
Anaya v. Traylor Bros Inc, 478 F.3d 251 (5th Cir. 2007). “Therefore, the LHWCA covers the Anayas’ claim for benefits.”
In re Shippers Stevedoring Co., 274 S.W.3d 840 (Tex. App.—Houston [14th Dist.] 2008). · cites it 3× “§ 905 ; Tex Lab.Code Ann. § 406.091. From these premises, Shippers reasons that the U.”
Paul Robertson v. Home State Cnty. Mut. Ins. Co., No. 02-08-00280-CV (Tex. App.—Fort Worth June 2, 2011). · cites it 3× “” Tex. Lab. Code Ann. § 406.091 (a )( 1) (West 2006).”
Paul Robertson v. Home State Cnty. Mut. Ins. Co., No. 02-08-00280-CV (Tex. App.—Fort Worth June 2, 2011). · cites it 2× “Compare Tex. Lab. Code Ann. § 406.091 (a)(1), (b), with Tex.”
Anaya v. Traylor Bros Inc, 478 F.3d 251 (5th Cir. 2007). “091(a)(2) of the TWCA prohibits benefits to workers covered by analogous federal laws. The TWCA reads in pertinent part that “a person covered by a method of compensation established under federal law” is not subject to the statute.”
Show all 15 citing cases →
Tex. Lab. Code § 406.091(a)(1): 3 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009). “" TEX. LAB.CODE § 406.091(a)(1). The Act exempts such employees from coverage, though it allows employer-homeowners to voluntarily accept the rights and responsibilities of providing such coverage.”
Robertson v. Home State Cnty. Mut. Ins. Co., 348 S.W.3d 273 (Tex. App.—Fort Worth 2011). “See Tex. Lab. Code Ann. § 406.091 (a)(1). We conclude and hold that the employee exclusion applied to exclude coverage under the Policy for Robertson’s claims against Redi-Mix.”
Idiris Sharif Hassan v. Robert L. Rock, No. 03-13-00536-CV (Tex. App.—Austin Apr. 10, 2015).
Tex. Lab. Code § 406.091(a)(2): 6 cases
Texas Mexican Ry. Co. v. Bouchet, 963 S.W.2d 52 (Tex. 1998). “TEX. LAB. CODE § 406.091(a)(2). Bouchet filed his lawsuit under FELA, 45 U.”
Nichols v. Pabtex, Inc., 151 F. Supp. 2d 772 (E.D. Tex. 2001). “See Tex.Lab.Code Ann. § 406.091(a)(2) (Vernon 1995).”
Anaya v. Traylor Bros Inc, 478 F.3d 251 (5th Cir. 2007). “Therefore, the LHWCA covers the Anayas’ claim for benefits.”
Anaya v. Traylor Bros Inc, 478 F.3d 251 (5th Cir. 2007). “091(a)(2) of the TWCA prohibits benefits to workers covered by analogous federal laws. The TWCA reads in pertinent part that “a person covered by a method of compensation established under federal law” is not subject to the statute.”
Anaya v. Traylor Bros Inc, 478 F.3d 251 (5th Cir. 2007).
Tex. Lab. Code § 406.091(a)(3): 1 case
Pierce v. Holiday, 155 S.W.3d 676 (Tex. App.—Texarkana 2005). “Pierce did not seek worker’s compensation benefits under the Texas Workers’ Compensation Act, Tex. Lab.Code Ann. § 406.091(a)(3) (Vernon 1996), nor did he seek recovery through the Workers’ Compensation Board; and Pierce’s original petition (and each amended petition thereafter)…”
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