Texas Labor Code 201.042 – Service of Driver or Salesman
Terms Used In Texas Labor Code 201.042
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
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.