Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Notes of Decisions
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
· cites it 32× “Laws 987 , 1273 (current version at TEX. LAB.CODE § 406.121). [10] Summers and amici point to nine failed bills as evidence the Legislature has "repeatedly" rejected efforts to let premises owners assert the exclusive remedy defense.”
TIC Energy & Chem., Inc. v. Martin, 498 S.W.3d 68 (Tex. 2016).
· cites it 2× “09-15-00248-V, 2016 WL 637926 , at *1 (Tex.App.-Beaument Feb. 18, 2016, pet. filed), filed an ami-cus brief providing additional arguments to support Martin's construction of the statute.”
HCBeck, Ltd. v. Rice, 284 S.W.3d 349 (Tex. 2009).
· cites it 2× “Laws 1 , 15 (current version at TEX. LAB.CODE § 406.121(1)). [3] The deduction sentence was recodified, finding its final place in section 406.”
Etie v. Walsh & Albert Co., 135 S.W.3d 764 (Tex. App.—Houston [1st Dist.] 2004).
· cites it 2× “” Tex. Lab.Code Ann. § 406.121(1). A subcontractor is 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.”
Quindon D. Thomas v. Chevron U.S.A., Inc., 212 So. 3d 58 (Miss. 2017).
“” Tex. Lab. Code § 406.121(1). That Court decided that En-tergy clearly was a general contractor under the statute and, despite also being a premise owner, was entitled to immunity.”
Summers v. Entergy Gulf States, Inc., 282 S.W.3d 511 (Tex. App.—Beaumont 2004).
· cites it 2× “The term includes a “principal contractor,” “original contractor,” “prime contractor,” or other analogous term.”
Lexington Ins. Co. v. Exxon Mobil Corp., 736 S.W.3d 1 (Tex. App.—Beaumont 2025).
· cites it 3× “Tex. Lab. Code Ann. § 406.121 (1). Under the holding in Entergy Gulf States, one who “procures” something is one who engages in the act of “getting or obtaining something,” citing Black’s Law Dictionary.”
Juan Reyes v. Lubrizol Corp., No. 14-20-00177-CV (Tex. App.—Houston [14th Dist.] Jan. 25, 2022).
· cites it 2× “Tex. Lab. Code Ann. § 406.121 . In Entergy Gulf States, Inc.”
Tex. Lab. Code § 406.121(1): 6 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
“Laws 987 , 1273 (current version at TEX. LAB.CODE § 406.121). [10] Summers and amici point to nine failed bills as evidence the Legislature has "repeatedly" rejected efforts to let premises owners assert the exclusive remedy defense.”
HCBeck, Ltd. v. Rice, 284 S.W.3d 349 (Tex. 2009).
“Laws 1 , 15 (current version at TEX. LAB.CODE § 406.121(1)). [3] The deduction sentence was recodified, finding its final place in section 406.”
Quindon D. Thomas v. Chevron U.S.A., Inc., 212 So. 3d 58 (Miss. 2017).
“” Tex. Lab. Code § 406.121(1). That Court decided that En-tergy clearly was a general contractor under the statute and, despite also being a premise owner, was entitled to immunity.”
Etie v. Walsh & Albert Co., 135 S.W.3d 764 (Tex. App.—Houston [1st Dist.] 2004).
“” Tex. Lab.Code Ann. § 406.121(1). A subcontractor is 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.”
Summers v. Entergy Gulf States, Inc., 282 S.W.3d 511 (Tex. App.—Beaumont 2004).
“The term includes a “principal contractor,” “original contractor,” “prime contractor,” or other analogous term.”
Tex. Lab. Code § 406.121(2): 4 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
“Laws 987 , 1273 (current version at TEX. LAB.CODE § 406.121). [10] Summers and amici point to nine failed bills as evidence the Legislature has "repeatedly" rejected efforts to let premises owners assert the exclusive remedy defense.”
TIC Energy & Chem., Inc. v. Martin, 498 S.W.3d 68 (Tex. 2016).
“09-15-00248-V, 2016 WL 637926 , at *1 (Tex.App.-Beaument Feb. 18, 2016, pet. filed), filed an ami-cus brief providing additional arguments to support Martin's construction of the statute.”
Tex. Lab. Code § 406.121(5): 4 cases
Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433 (Tex. 2009).
“Laws 987 , 1273 (current version at TEX. LAB.CODE § 406.121). [10] Summers and amici point to nine failed bills as evidence the Legislature has "repeatedly" rejected efforts to let premises owners assert the exclusive remedy defense.”
Etie v. Walsh & Albert Co., 135 S.W.3d 764 (Tex. App.—Houston [1st Dist.] 2004).
“” Tex. Lab.Code Ann. § 406.121(1). A subcontractor is 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.”
Summers v. Entergy Gulf States, Inc., 282 S.W.3d 511 (Tex. App.—Beaumont 2004).
“The term includes a “principal contractor,” “original contractor,” “prime contractor,” or other analogous term.”
Tex. Lab. Code § 406.121(a): 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.