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 § 406.141 (2026)

Definitions

✓ current as of May 2026
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Sec. 406.141. DEFINITIONS. In this subchapter:

(1) "Hiring contractor" means a general contractor or subcontractor who, in the course of regular business, subcontracts all or part of the work to be performed to other persons.

(2) "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who:

(A) is paid by the job and not by the hour or some other time-measured basis;

(B) is free to hire as many helpers as desired and may determine the pay of each helper; and

(C) is free to, while under contract to the hiring contractor, work for other contractors or is free to send helpers to work for other contractors.

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

Notes of Decisions
Cited in 2 cases, 2012–2012 · leading case: Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012).
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Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012). “See Tex. Lab. Code §§ 406.141(2), 406.142. Although Moores states that Joseph did not satisfy elements (1) and (2) and therefore was not an independent contractor, Moores does not argue that this statute supplants the common law right of control test.”
Jimmy Raynor & Ruby Lewis, Individually & as Rep. of the Est. of Joseph Lynn Raynor v. Moore's Mach. Shop LLC (Tex. App. 2012). “This section defines ―independent contractor‖ as ―a person who contracts to perform work or provide a service for the benefit of another,‖ and who (1) is paid by the job and not by the hour or some other time-measured basis; (2) is free to hire as many helpers as desired and may…”
Tex. Lab. Code § 406.141(2): 2 cases
Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App. 2012). “See Tex. Lab. Code §§ 406.141(2), 406.142. Although Moores states that Joseph did not satisfy elements (1) and (2) and therefore was not an independent contractor, Moores does not argue that this statute supplants the common law right of control test.”
Jimmy Raynor & Ruby Lewis, Individually & as Rep. of the Est. of Joseph Lynn Raynor v. Moore's Mach. Shop LLC (Tex. App. 2012). “This section defines ―independent contractor‖ as ―a person who contracts to perform work or provide a service for the benefit of another,‖ and who (1) is paid by the job and not by the hour or some other time-measured basis; (2) is free to hire as many helpers as desired and may…”
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