Texas Civil Practice and Remedies Code - CIV PRAC & REM § 95.003. Liability for Acts of Independent Contractors

(1) the property owner exercises or retains some control over the manner in which the work is performed, other than the right to order the work to start or stop or to inspect progress or receive reports;  and

(2) the property owner had actual knowledge of the danger or condition resulting in the personal injury, death, or property damage and failed to adequately warn.