Texas Code § 406.141

DEFINITIONS
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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.

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