Sec. 406.165.  NOT APPLICABLE TO INDEPENDENT CONTRACTORS.  (a)  A farm or ranch employee who performs work or provides a service for a farm or ranch employer subject to this subchapter is an employee of that employer unless the employee is hired to perform the work or provide the service as an employee of an independent contractor.
(b)  In this section, "independent contractor" means a person, other than a labor agent, who contracts with a farm or ranch employer to perform work or provide a service for the benefit of the employer and who ordinarily:
(1)  acts as the employer of the employee by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship;
(2)  is free to determine the manner in which the work or service is performed, including the hours of labor or the method of payment;
(3)  is required to furnish necessary tools, supplies, or materials to perform the work or service;  and
(4)  possesses skills required for the specific work or service.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.