Tex. Labor Code § 201.042
This is the official text of Tex. Labor Code § 201.042, part of Texas’s Labor Code — governs wages, workplace safety, and workers' compensation.
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§ 201.042. SERVICE OF DRIVER OR SALESMAN.
Official statutory text
In this subtitle, "employment" includes service:
(1) as an agent-driver or commission-driver who delivers a meat product, vegetable product, fruit product, bakery product, laundry, dry cleaning, or beverage except milk, if:
(A) the service is performed for remuneration;
(B) the employment contract provides that the individual personally performs substantially all of the service;
(C) the individual performing the service does not have a substantial investment in a facility used in the performance of the service, other than in a facility for transportation; and
(D) the service is part of a continuing relationship with the principal and is not a single transaction; or
(2) of a traveling or city salesman, except as provided in Section 201.070, an agent-driver, or a commission-driver, who, on a full-time basis, obtains for the individual's principal, except for sideline sales activities for another person, orders from a wholesaler, retailer, contractor, or operator of a hotel, restaurant, or similar establishment for merchandise for resale or supplies for use in the business's operation if:
(A) the employment contract provides that the individual personally performs substantially all of the service;
(B) the individual does not have a substantial investment in a facility used in the performance of the service, except a facility for transportation; and
(C) the service is part of a continuing relationship with the principal and is not a single transaction.
(1) as an agent-driver or commission-driver who delivers a meat product, vegetable product, fruit product, bakery product, laundry, dry cleaning, or beverage except milk, if:
(A) the service is performed for remuneration;
(B) the employment contract provides that the individual personally performs substantially all of the service;
(C) the individual performing the service does not have a substantial investment in a facility used in the performance of the service, other than in a facility for transportation; and
(D) the service is part of a continuing relationship with the principal and is not a single transaction; or
(2) of a traveling or city salesman, except as provided in Section 201.070, an agent-driver, or a commission-driver, who, on a full-time basis, obtains for the individual's principal, except for sideline sales activities for another person, orders from a wholesaler, retailer, contractor, or operator of a hotel, restaurant, or similar establishment for merchandise for resale or supplies for use in the business's operation if:
(A) the employment contract provides that the individual personally performs substantially all of the service;
(B) the individual does not have a substantial investment in a facility used in the performance of the service, except a facility for transportation; and
(C) the service is part of a continuing relationship with the principal and is not a single transaction.
Status: in_force · Read it on the official government site
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