Texas Code § 62.158

CERTAIN AMUSEMENT AND RECREATIONAL ESTABLISHMENTS
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Sec. 62.158. CERTAIN AMUSEMENT AND RECREATIONAL ESTABLISHMENTS. An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that:
(1) does not operate for more than seven months in a calendar year; or
(2) had average receipts for any six months of the preceding calendar year of not more than 33-1/3 percent of its average receipts for the other six months of the year.

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