Tex.
Labor Code Section 201.042
Service of Driver or Salesman
(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 (Service as Product Demonstrator; Salesman), 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.
Source:
Section 201.042 — Service of Driver or Salesman, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.201.htm#201.042 (accessed Jun. 5, 2024).
