reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 104A - Reporting Workplace Violence › Section 104A.003. Rules

Sec. 104A.003.  RULES.  The commission, in consultation with the Department of Public Safety, by rule shall prescribe the form and content of the notice required by this section.  The rules must require that the notice:
(1)  contain the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety; and
(2)  inform employees of the right to make a report to the Department of Public Safety anonymously.
Added by Acts 2023, 88th Leg., R.S., Ch. 904 (H.B. 915), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 105 - Employment Termination for Falsification of Military Record in Obtaining Employment or Employment Benefits › Section 105.001. Definitions

Sec. 105.001.  DEFINITIONS.  In this chapter:
(1)  "Employee" means an individual who is employed by an employer for compensation.
(2)  "Employer" means a person who employs one or more employees.
(3)  "Military record" has the meaning assigned by Section 32.54, Penal Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 468 (S.B. 664), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 105 - Employment Termination for Falsification of Military Record in Obtaining Employment or Employment Benefits › Section 105.002. Employment Termination; Employment Contract Void and Unenforceable

Sec. 105.002.  EMPLOYMENT TERMINATION; EMPLOYMENT CONTRACT VOID AND UNENFORCEABLE.  (a)  An employer may discharge an employee, regardless of whether the employee is employed under an employment contract with the employer, if the employer determines, based on a reasonable factual basis, that the employee, in obtaining the employee's employment or any benefit relating to the employee's employment, falsified or otherwise misrepresented any information regarding the employee's military record in a manner that would constitute an offense under Section 32.54, Penal Code.
(b)  An employment contract entered into by an employer with an employee discharged by the employer under this section is void and unenforceable as against public policy.
Added by Acts 2015, 84th Leg., R.S., Ch. 468 (S.B. 664), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 105 - Employment Termination for Falsification of Military Record in Obtaining Employment or Employment Benefits › Section 105.003. Suit to Appeal Termination

Sec. 105.003.  SUIT TO APPEAL TERMINATION.  An employee who was employed by an employer under an employment contract on the date of the employee's termination and who believes the employee was wrongfully terminated under Section 105.002 may bring suit against the employer in a district court in the county in which the termination occurred for appropriate relief, including rehiring or reinstatement to the employee's previous job, payment of back wages, and reestablishment of employee benefits to which the employee otherwise would have been eligible if the employee had not been terminated.
Added by Acts 2015, 84th Leg., R.S., Ch. 468 (S.B. 664), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter A. Short Title; Application of Sunset Act › Section 201.001. Short Title

Sec. 201.001.  SHORT TITLE.  This subtitle may be cited as the Texas Unemployment Compensation Act.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter B. General Definitions › Section 201.012. Definition of Misconduct

Sec. 201.012.  DEFINITION OF MISCONDUCT.  (a)  "Misconduct" means mismanagement of a position of employment by action or inaction, neglect that jeopardizes the life or property of another, intentional wrongdoing or malfeasance, intentional violation of a law, or violation of a policy or rule adopted to ensure the orderly work and the safety of employees.
(b)  The term "misconduct" does not include an act in response to an unconscionable act of an employer or superior.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.021. General Definition of Employer

Sec. 201.021.  GENERAL DEFINITION OF EMPLOYER.  (a)  In this subtitle, "employer" means an employing unit that:
(1)  paid wages of $1,500 or more during a calendar quarter in the current or preceding calendar year;  or
(2)  employed at least one individual in employment for a portion of at least one day during 20 or more different calendar weeks of the current or preceding calendar year.
(b)  The definition provided by this section does not apply to an employing unit covered by Section 201.023 or to farm and ranch labor covered by Section 201.028.
(c)  An individual who performs a service in this state for an employing unit that maintains two or more separate establishments in this state is employed by a single employing unit for purposes of this subtitle.
(d)  In this subsection, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.  The definition of employer provided by this section does not apply to a franchisor with respect to:
(1)  a franchisee; or
(2)  a franchisee's employees.
(e)  With respect to a specific claim for relief under this subtitle made by a franchisee or a franchisee's employee, Subsection (d) does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.022. Effect of Business Acquisition

Sec. 201.022.  EFFECT OF BUSINESS ACQUISITION.  In this subtitle, "employer" also means an individual or employing unit that acquires or otherwise receives, through any means, all or part of the organization, trade, business, or workforce of another that was an employer subject to this subtitle at the time of the acquisition.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1315 (H.B. 3250), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.023. Tax-Exempt Nonprofit Organization

Sec. 201.023.  TAX-EXEMPT NONPROFIT ORGANIZATION.  In this subtitle, "employer" also means an employing unit that:
(1)  is a nonprofit organization under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));
(2)  is exempt from income tax under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section 501(a));  and
(3)  employed at least four individuals in employment for a portion of at least one day during 20 or more different calendar weeks during the current year or during the preceding calendar year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.024. Election to Be Employer

Sec. 201.024.  ELECTION TO BE EMPLOYER.  In this subtitle, "employer" also means an employing unit that has elected to become an employer under Section 205.001, 205.002, 206.002, or 206.003.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.025. Employer Under Federal Law

Sec. 201.025.  EMPLOYER UNDER FEDERAL LAW.  In this subtitle, "employer" also means:
(1)  an employing unit that is liable for the payment of taxes under the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.) for the current calendar year;  or
(2)  an employing unit that the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.) requires to be an employer under this subtitle as a condition for approval of this subtitle for full tax credit against the tax imposed by the Federal Unemployment Tax Act.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.026. State; Political Subdivision

Sec. 201.026.  STATE;  POLITICAL SUBDIVISION.  In this subtitle, "employer" also means a state, a political subdivision of a state, or an instrumentality of a state or political subdivision of a state that is wholly owned by one or more states or political subdivisions of one or more states.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.027. Employer of Domestic Service Worker

Sec. 201.027.  EMPLOYER OF DOMESTIC SERVICE WORKER.  (a)  In this subtitle, "employer" also means an employing unit that paid cash wages of $1,000 or more during a calendar quarter in the current or preceding calendar year for domestic service in a private home, local college club, or local chapter of a college fraternity or sorority.
(b)  An employer subject to this section who is not otherwise considered an employer under this subtitle, annually, may report quarterly wages and pay contributions.  An employer who elects to report wages and pay contributions under this section must make the election not later than December 31 of the year before the first calendar year reported.
(c)  Contributions paid as provided by Subsection (b) become due and are required to be reported and paid by each employer not later than January 31 with respect to wages for employment paid in the preceding calendar year.  For a rate taking effect under Section 204.041(c) during the preceding calendar year, the commission shall estimate the rate, subject to a correction when a final computation is made as provided by Section 204.047(c).
(d)  An employer who elects to report wages and pay contributions annually shall file, on the request of the commission, reports at other times as necessary to adjudicate a claim or to establish wage credits.
(e)  With respect to an employer who reports wages and pays contributions annually under this section, any penalty or interest imposed on the employer shall be computed in the same manner as for other types of employment.
(f)  An election by an employer under this section is not revocable by the employer before the second anniversary of the date of the election.
(g)  An employer under this section is not an employer for wages paid for a service other than domestic service unless the employer is treated as an employer for that service under another provision of this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 487, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.028. Employer of Farm and Ranch Laborer

Sec. 201.028.  EMPLOYER OF FARM AND RANCH LABORER.  (a)  In this subtitle, "employer" also means an employing unit that paid wages for, or employed individuals in, farm and ranch labor in accordance with this section, Section 201.047, or Section 204.009.
(b)  In this section, an employer shall not be treated as an employer for wages paid for a service other than service performed by:
(1)  a seasonal worker employed on a truck farm, orchard, or vineyard;
(2)  a farm and ranch laborer who is a migrant worker;  or
(3)  a seasonal worker who:
(A)  works for a farmer, ranch operator, or labor agent who employs migrant workers;  and
(B)  does the same work at the same time and location as the migrant workers.
(c)  Subsection (b) does not apply if the employer is an employer with respect to farm and ranch labor performed under Section 201.047(a)(4).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.029. Temporary Help Firm

Sec. 201.029.  TEMPORARY HELP FIRM.  For purposes of this subtitle, a temporary help firm is the employer of an individual employed by the firm as a temporary employee.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.23(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter C. Definition of Employer › Section 201.030. Professional Employer Organization

Sec. 201.030.  PROFESSIONAL EMPLOYER ORGANIZATION.  For the purposes of this subtitle, "professional employer organization" has the meaning assigned by Section 91.001.
Added by Acts 1997, 75th Leg., ch. 1379, Sec. 20, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.041. General Definition of Employment

Sec. 201.041.  GENERAL DEFINITION OF EMPLOYMENT.  In this subtitle, "employment" means a service, including service in interstate commerce, performed by an individual for wages or under an express or implied contract of hire, unless it is shown to the satisfaction of the commission that the individual's performance of the service has been and will continue to be free from control or direction under the contract and in fact.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.042. Service of Driver or Salesman

Sec. 201.042.  SERVICE OF DRIVER OR SALESMAN.  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.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.044. Service Under Reciprocal Agreement

Sec. 201.044.  SERVICE UNDER RECIPROCAL AGREEMENT.  In this subtitle, "employment" includes service that is performed by an individual and that is covered by a reciprocal agreement under this subtitle between the commission and the agency that administers another state's or a federal unemployment compensation law if:
(1)  under the agreement all service performed by the individual for an employing unit is considered to be performed entirely in this state;  and
(2)  the commission approves an election of the employing unit for whom the service is performed under which the entire service of the individual is considered employment subject to this subtitle during the period covered by the election.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.045. Service on Vessel or Aircraft

Sec. 201.045.  SERVICE ON VESSEL OR AIRCRAFT.  In this subtitle, "employment" includes service performed on or in connection with an American vessel or aircraft if:
(1)  the service is employment under Section 3306(c), Internal Revenue Code of 1986 (26 U.S.C. Section 3306(c));  and
(2)  the operating office from which the vessel or aircraft is ordinarily and regularly directed and controlled is in this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.046. Employment to Assist Employee or Agent

Sec. 201.046.  EMPLOYMENT TO ASSIST EMPLOYEE OR AGENT.  (a)  An individual employed to perform or to assist in performing the work of an employee or agent of an employing unit is employed by that employing unit for purposes of this subtitle if the employing unit has actual or constructive knowledge of the work.
(b)  Subsection (a) applies without regard to whether the individual is hired or paid directly by the employing unit or by the employee or agent.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter D. Definition of Employment › Section 201.047. Farm and Ranch Labor as Employment

Sec. 201.047.  FARM AND RANCH LABOR AS EMPLOYMENT.  (a)  Farm and ranch labor is employment for the purposes of this subtitle if the labor:
(1)  is performed by a seasonal worker employed on a truck farm, orchard, or vineyard;
(2)  is performed by a migrant worker;
(3)  is performed by a seasonal worker who:
(A)  is working for a farmer, ranch operator, or labor agent who employs a migrant worker;  and
(B)  is doing the same work at the same time and location as the migrant worker;
(4)  performed after 1986 and the laborer is employed by an employing unit that:
(A)  pays wages in cash of $6,250 or more for the labor during a calendar quarter in the calendar year in which the labor is performed or the calendar year preceding that year;  or
(B)  employs three or more individuals in farm and ranch labor for a portion of at least one day during at least 20 different calendar weeks of the calendar year in which the labor is performed or the calendar year preceding that year.
(b)  Wages paid for services described in Subdivision (a)(1), (2), or (3) are included in determining the wages paid for the purpose of Subdivision (a)(4).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.24, eff. Sept. 1, 1995.
Sec. 201.048.  SERVICE FOR INDIAN TRIBE.  Except as provided by Sections 201.063 and 201.067, in this subtitle, "employment" includes service performed in the employ of an Indian tribe if the services are excluded from the definition of employment under the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.), as amended, solely because of Section 3306(c)(7) of that Act.
Added by Acts 2001, 77th Leg., ch. 518, Sec. 2, eff. June 11, 2001.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.061. Service Eligible Under Act of Congress

Sec. 201.061.  SERVICE ELIGIBLE UNDER ACT OF CONGRESS.  In this subtitle, "employment" does not include service for which unemployment compensation is payable under an unemployment compensation system established by an Act of Congress.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.062. Service Under Arrangement With Agency

Sec. 201.062.  SERVICE UNDER ARRANGEMENT WITH AGENCY.  In this subtitle, "employment" does not include service under an arrangement that is between the commission and the agency that administers another state's or a federal unemployment compensation law and that considers the service for an employing unit during the period covered by the employing unit's approved election to be performed entirely within the agency's state or under the federal law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.063. Certain Government Service

Sec. 201.063.  CERTAIN GOVERNMENT SERVICE.  (a)  In this subtitle, "employment" does not include:
(1)  service in the employ of a political subdivision or of an instrumentality of a political subdivision that is wholly owned by one or more political subdivisions:
(A)  as an elected official;
(B)  as a member of a legislative body;
(C)  as a member of the judiciary;
(D)  as a temporary employee in case of fire, storm, snow, earthquake, flood, or similar emergency;
(E)  in a position that is designated under law as a major nontenured policy-making or advisory position or a policy-making or advisory position that ordinarily does not require more than eight hours of service each week; or
(F)  as an election official or worker if the remuneration received by the individual during the calendar year is less than $1,000;
(2)  service in the employ of a foreign government, including service as a consular or other officer or employee or as a nondiplomatic representative;
(3)  service in the employ of an instrumentality wholly owned by a foreign government if:
(A)  the service is similar to service performed in a foreign country by an employee of the United States government or an instrumentality of that government; and
(B)  the United States secretary of state has certified to the United States secretary of the treasury that the foreign government grants an equivalent exemption for similar services performed in the foreign country by an employee of the United States government or an instrumentality of the United States government;
(4)  service in the employ of the United States government or an instrumentality of the United States exempt under the United States Constitution from the contributions imposed by this subtitle; or
(5)  service described by Subdivisions (1)-(3) performed in the employ of an Indian tribe.
(b)  To the extent the United States Congress permits a state to require an instrumentality of the United States to make payments into an unemployment fund under a state unemployment compensation law, this subtitle applies to the instrumentality and to the service performed for the instrumentality.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 518, Sec. 3, eff. June 11, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 654 (H.B. 983), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.064. Domestic Service

Sec. 201.064.  DOMESTIC SERVICE.  In this subtitle, "employment" does not include domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, except as performed for an employer under Section 201.027.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.065. Service by Relative

Sec. 201.065.  SERVICE BY RELATIVE.  In this subtitle, "employment" does not include:
(1)  service of an individual in the employ of the individual's son, daughter, or spouse;  or
(2)  service of an individual younger than 21 years of age in the employ of the individual's father or mother.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.066. Religious Service

Sec. 201.066.  RELIGIOUS SERVICE.  In this subtitle, "employment" does not include:
(1)  service in the employ of:
(A)  a church;
(B)  a convention or association of churches;  or
(C)  an organization that is operated primarily for religious purposes and that is operated, supervised, controlled, or principally supported by a church or a convention or association of churches;
(2)  service performed by an ordained, commissioned, or licensed minister of a church in the exercise of the individual's ministry;  or
(3)  service performed by a member of a religious order as required by the order.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.067. Rehabilitative Service; Work Relief; Exception for Services Performed by Certain Trained Individuals

Sec. 201.067.  REHABILITATIVE SERVICE; WORK RELIEF;  EXCEPTION FOR SERVICES PERFORMED BY CERTAIN TRAINED INDIVIDUALS.  (a)  In this subtitle, "employment" does not include service performed:
(1)  by an individual whose earning capacity is impaired by age, physical impairment, developmental disability, mental illness, or intellectual disability or injury while the individual is in training at a sheltered workshop or other facility operated by a charitable organization under a rehabilitation program that includes:
(A)  an individual plan for employment as required by 29 U.S.C. Section 722, as amended by the Workforce Innovation and Opportunity Act (Pub. L. No. 113-128);
(B)  a timeline for completion of the training; and
(C)  a planned employment outcome; or
(2)  by an individual who receives work relief or work training as a part of an unemployment work-relief or work-training program assisted or financed in whole or in part by a federal agency, an agency of a state, a political subdivision of a state, or an Indian tribe.
(b)  Notwithstanding Subsection (a)(1), in this subtitle "employment" includes service performed by an individual whose earning capacity is impaired by age, physical impairment, developmental disability, mental illness, or intellectual disability or injury, other than an individual compensated as provided by Section 62.057, and who, after training, is working for a sheltered workshop or other facility operated by a charitable organization:
(1)  temporarily while awaiting placement in a position of employment in the competitive labor market; or
(2)  permanently because the individual is unable to compete in the competitive labor market.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 518, Sec. 4, eff. June 11, 2001;  Acts 2001, 77th Leg., ch. 996, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 11.002, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 819 (H.B. 3685), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.068. Service in Hospital

Sec. 201.068.  SERVICE IN HOSPITAL.  In this subtitle, "employment" does not include:
(1)  service as a student nurse who is:
(A)  employed by a hospital or a nurses' training school;  and
(B)  enrolled and regularly attending classes in a nurses' training school chartered or approved under state law;
(2)  service as an intern in the employ of a hospital by an individual who has completed a four-year course in a medical school chartered or approved under state law;  or
(3)  service in the employ of a hospital by a patient of the hospital.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.069. Service of Student

Sec. 201.069.  SERVICE OF STUDENT.  In this subtitle, "employment" does not include:
(1)  service performed in the employ of a school, college, or university by a student who is enrolled and regularly attending classes at the school, college, or university;
(2)  service performed by an individual who is enrolled as a student in a full-time program that combines academic instruction with work experience and that is taken for credit at a nonprofit or public educational institution normally maintaining a regular faculty and curriculum and having a regularly organized body of students in attendance at the place where its educational activities are conducted, if the service is an integral part of the program, and the institution has so certified to the employing unit, except:
(A)  service performed in a program established for an employer or a group of employers;
(B)  service in an apprenticeship training program;  or
(C)  service performed by a teaching assistant;  or
(3)  service by a student in the employ of an organized camp if:
(A)  the camp:
(i)  did not operate for more than seven months in the current calendar year and did not operate for more than seven months in the preceding calendar year;  or
(ii)  had average gross receipts for any six months in the preceding calendar year that were not more than 33-1/3 percent of its average gross receipts for the other six months in the preceding calendar year;  and
(B)  the student performed services for the camp for fewer than 13 calendar weeks in the calendar year and the student:
(i)  is enrolled as a full-time student at an educational institution;  or
(ii)  is between academic terms or years and:
(a)  the student was enrolled as a full-time student at an educational institution for the preceding academic term or year;  and
(b)  there is reasonable assurance that the student will be so enrolled for the next academic term or year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.070. Service as Product Demonstrator; Salesman

Sec. 201.070.  SERVICE AS PRODUCT DEMONSTRATOR;  SALESMAN.  In this subtitle, "employment" does not include:
(1)  service by an individual as a product demonstrator if:
(A)  the service is performed under a written contract between the individual performing the service and a person whose principal business is obtaining the service of a demonstrator for a third person for product demonstration purposes; and
(B)  in contract and in fact the individual:
(i)  is not treated as an employee with respect to that service for federal unemployment tax purposes;
(ii)  is compensated for each demonstration or is compensated based on factors that relate to the work performed;
(iii)  determines the method of performing the service;
(iv)  provides each vehicle used to perform the service;
(v)  is responsible for the completion of a specific job and is liable for failure to complete the job;
(vi)  may accept or reject a job from a product demonstrator business;
(vii)  is free from control by the principal business as to where the individual works;
(viii)  controls solely opportunity for profit or loss; and
(ix)  pays all expenses and operating costs, including fuel, repairs, supplies, and motor vehicle insurance;
(2)  service by an individual as a direct seller if:
(A)  the individual is engaged in the business of:
(i)  in-person sales of consumer products to a buyer on a buy-sell basis, a deposit-commission basis, or a similar basis for resale in a home or in a place other than, and not affiliated with, a permanent retail establishment; or
(ii)  sales of consumer products in a home or in a place other than, and not affiliated with, a permanent retail establishment;
(B)  substantially all remuneration for the service, whether in cash or other form of payment, is directly related to sales or other output, including the performance of the service, and not to the number of hours worked; and
(C)  the service is performed under a written contract between the individual and the person for whom the service is performed, and the contract provides that the individual is not treated as an employee with respect to the service for federal tax purposes; or
(3)  service performed by an individual at a trade market for a wholesaler or sales representative of a wholesaler or manufacturer of consumer goods under a written contract, or as a salesman for a wholesaler of consumer goods, if the wholesaler or sales representative maintains a regular or seasonal place of business at a trade market facility in a municipality with a population of more than one million.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 60, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.071. Service as Insurance Agent

Sec. 201.071.  SERVICE AS INSURANCE AGENT.  In this subtitle, "employment" does not include service as an insurance agent for which the only remuneration for the service is a commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.072. Service as Real Estate Broker

Sec. 201.072.  SERVICE AS REAL ESTATE BROKER.  In this subtitle, "employment" does not include:
(1)  service performed by an individual as a real estate broker or salesperson if:
(A)  the individual engages in activity described by the definition of " broker" in Section 1101.002, Occupations Code;
(B)  the individual is licensed as a broker or salesperson by the Texas Real Estate Commission;
(C)  substantially all remuneration for the service, whether in cash or other form of payment, is directly related to sales or other output, including the performance of the service, and not to the number of hours worked;  and
(D)  the service is performed under a written contract between the individual and the person for whom the service is performed, and the contract provides that the individual is not treated as an employee with respect to the service for federal tax purposes;  or
(2)  service performed by an individual as an instructor of a person licensed or seeking a license as a real estate broker or salesperson if:
(A)  the individual instructs in an educational program or course approved by the Texas Real Estate Commission;  and
(B)  the service is performed under a written contract between the individual and the person for whom the service is performed and the contract provides that the individual is not treated as an employee with respect to the service for federal tax purposes.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.788, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.073. Delivery Service; Newspaper Delivery Service

Sec. 201.073.  DELIVERY SERVICE;  NEWSPAPER DELIVERY SERVICE.  In this subtitle, "employment" does not include:
(1)  service performed for compensation by an individual for a private for-profit delivery service if the individual:
(A)  may accept or reject a job from the delivery service;
(B)  is free from control by the delivery service as to when the individual works;
(C)  is compensated for each delivery or is compensated based on factors relating to the work performed, including receipt of a percentage of a rate schedule;
(D)  controls solely the opportunity for profit or loss;
(E)  pays all expenses and operating costs, including fuel, repairs, supplies, and motor vehicle insurance;
(F)  determines the method of performing the service, including selection of routes and order of deliveries;
(G)  is responsible for completion of a specific job and is liable for failure to complete the job;
(H)  enters into a contract that specifies the relationship of the individual to the delivery service to be that of an independent contractor and not an employee;  and
(I)  provides the vehicle used to perform the service;  or
(2)  service by an individual younger than 18 years of age in the delivery or distribution of newspapers or shopping news, except delivery or distribution to any location for subsequent delivery or distribution.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 705, Sec. 8, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.074. Service by Inmate

Sec. 201.074.  SERVICE BY INMATE.  In this subtitle, "employment" does not include service performed by an inmate of a custodial or penal institution.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 125, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.075. Service on Fishing Vessel

Sec. 201.075.  SERVICE ON FISHING VESSEL.  In this subtitle, "employment" does not include service performed on a fishing vessel normally having a crew of fewer than 10 members if:
(1)  the crew member's payment is a share of the catch;  and
(2)  the service is not employment under the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.)
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.076. Included and Excluded Service in Pay Period

Sec. 201.076.  INCLUDED AND EXCLUDED SERVICE IN PAY PERIOD.  (a)  All of the service of an individual performed during a pay period for a person employing the individual is employment if the service performed during one-half or more of the period is employment.
(b)  None of the service of an individual performed during a pay period for a person employing the individual is employment if the service performed during more than one-half of the pay period is not employment.
(c)  This section does not apply to service performed in a pay period by an individual for a person employing the individual that is service that does not constitute employment under Section 201.061.
(d)  In this section, "pay period" means the period, not to exceed 31 consecutive days, for which a person employing an individual ordinarily pays wages to the individual.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.077. Service by Landman

Sec. 201.077.  SERVICE BY LANDMAN.  In this subtitle, "employment" does not include service performed for a private for-profit person by a landman, as defined by Section 1702.324, Occupations Code, if:
(1)  the compensation paid to the landman directly relates only to the performance of the service; and
(2)  the service performed by the landman is performed under a written contract between the landman and the person for whom the service is performed that provides that the landman is to be treated as an independent contractor and not as an employee with respect to the service provided under the contract.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.25(a), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 37 (S.B. 529), Sec. 1, eff. May 19, 2015.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter E. Exceptions to Employment › Section 201.078. Service by Nonresident Alien Agricultural Worker

Sec. 201.078.  SERVICE BY NONRESIDENT ALIEN AGRICULTURAL WORKER.  In this subtitle, "employment" does not include service performed by a nonresident alien during the period that the alien is temporarily in the United States under an H2-A visa if the service is not defined as employment under the Federal Unemployment Tax Act (26 U.S.C. Section 3306(c)(19)).
Added by Acts 2003, 78th Leg., ch. 52, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 201 - Unemployment Compensation Act--General Provisions › Subchapter F. Definition of Wages › Section 201.081. General Definition of Wages

Sec. 201.081.  GENERAL DEFINITION OF WAGES.  In this subtitle, "wages" means all remuneration for personal services, including:
(1)  the cash value of remuneration paid in a medium other than cash;  and
(2)  a gratuity received by an employee in the course of employment to the extent that the gratuity is considered wages in the computation of taxes under the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.