Texas Labor Code 406.162 – Scope
(a) This subtitle applies to an action to recover damages for personal injuries or death sustained by a farm or ranch employee who is:
(1) a migrant worker;
(2) a seasonal worker:
(A) employed on a truck farm, orchard, or vineyard;
(B) employed by a person with a gross annual payroll for the preceding year in an amount not less than the greater of the required payroll for the year preceding that year, adjusted for inflation, or $25,000; or
(C) working for a farmer, ranch operator, or labor agent who employs a migrant worker and doing the same work at the same time and location as the migrant worker; or
(3) an employee, other than a migrant or seasonal worker:
(A) for years before 1991, employed by a person with a gross annual payroll for the preceding year of at least $50,000; and
(B) for 1991 and subsequent years, employed by a person:
(i) with a gross annual payroll in an amount required for coverage of seasonal workers under Subdivision (2)(B); or
(ii) who employs three or more farm or ranch employees other than migrant or seasonal workers.
(b) The comptroller shall prepare a consumer price index for this state and shall certify the applicable index factor to the division before October 1 of each year. The division shall adjust the gross annual payroll requirement under Subsection (a)(2)(B) accordingly.
Terms Used In Texas Labor Code 406.162
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) For the purposes of this section, the gross annual payroll of a person includes any amount paid by the person to a labor agent for the agent’s services and for the services of migrant or seasonal workers but does not include wages paid to:
(1) the person or a member of the person’s family, if the person is a sole proprietor;
(2) a partner in a partnership or a member of the partner’s family; or
(3) a shareholder of a corporation in which all shareholders are family members or a member of the shareholder’s family.
(d) This subchapter does not affect the application or interpretation of this subtitle as it relates to persons engaged in activities determined before January 1, 1985, not to be farm or ranch labor.