Tex.
Bus. & Com. Code Section 112.003
Definitions
(1)
“Affiliate” means a member of a combined group as that term is described by Section 171.1014 (Combined Reporting; Affiliated Group Engaged in Unitary Business), Tax Code.(2)
“Critical infrastructure” means equipment and property that is owned or used by a telecommunications provider or cable operator or for communications networks, electric generation, electric transmission and distribution systems, natural gas and natural gas liquids gathering, processing, and storage, transmission and distribution systems, and water pipelines and related support facilities, equipment, and property that serve multiple persons, including buildings, offices, structures, lines, poles, and pipes.(3)
“Declared state disaster or emergency” means a disaster or emergency event that occurs in this state and:(A)
in response to which the governor issues an executive order or proclamation declaring a state of disaster or a state of emergency; or(B)
that the president of the United States declares a major disaster or emergency.(4)
“Disaster- or emergency-related work” means repairing, renovating, installing, building, rendering services, or performing other business activities relating to the repair or replacement of critical infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency.(5)
“Disaster response period” means:(A)
the period that:(i)
begins on the 10th day before the date of the earliest event establishing a declared state disaster or emergency by the issuance of an executive order or proclamation by the governor or a declaration of the president of the United States; and(ii)
ends on the earlier of the 120th day after the start date or the 60th day after the ending date of the disaster or emergency period established by the executive order or proclamation or declaration, or on a later date as determined by an executive order or proclamation by the governor; or(B)
the period that, with respect to an out-of-state business entity described by this paragraph:(i)
begins on the date that the out-of-state business entity enters this state in good faith under a mutual assistance agreement and in anticipation of a state disaster or emergency, regardless of whether a state disaster or emergency is actually declared; and(ii)
ends on the earlier of the date that the work is concluded or the seventh day after the out-of-state business entity enters this state.(6)
“In-state business entity” means a domestic entity or foreign entity that is authorized to transact business in this state immediately before a disaster response period.(7)
“Mutual assistance agreement” means an agreement to which one or more business entities are parties and under which a public utility, municipally owned utility, or joint agency owning, operating, or owning and operating critical infrastructure used for electric generation, transmission, or distribution in this state may request that an out-of-state business entity perform work in this state in anticipation of a state disaster or emergency.(8)
“Out-of-state business entity” means a foreign entity that enters this state at the request of an in-state business entity under a mutual assistance agreement or is an affiliate of an in-state business entity and:(A)
that:(i)
except with respect to the performance of disaster- or emergency-related work:(a)
has no physical presence in this state and is not authorized to transact business in this state immediately before a disaster response period; and(b)
is not registered with the secretary of state to transact business in this state, does not file a tax report with this state or a political subdivision of this state, and does not have a nexus with this state for the purpose of taxation during the tax year immediately preceding the disaster response period; and(ii)
enters this state at the request of an in-state business entity, the state, or a political subdivision of this state to perform disaster- or emergency-related work in this state during the disaster response period; or(B)
that performs work in this state under a mutual assistance agreement.(9)
“Out-of-state employee” means an employee who enters this state to perform disaster- or emergency-related work during a disaster response period. The term does not include a security guard or other employee whose primary function is to provide security services or an employee whose primary function is to install or repair heating or cooling equipment.
Source:
Section 112.003 — Definitions, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.112.htm#112.003 (accessed Jun. 5, 2024).
