(a) Except as provided by Subsection (b), an individual employed by a subcontractor
performing work under contract with the department is not considered an employee for
purposes of this chapter.
(b) The department shall treat a person leasing a tractor, a truck, mowing or cutting
machinery, or other equipment to the department and using the equipment to perform
work under a contract with the department:
(1) as an independent contractor, and the department shall require the person, while
performing the contract, to provide life, health and accident, and disability insurance
for the person and any individual employed by the person to perform the contract in
an amount and with coverage approved by the Texas Department of Insurance as substantially
the same as provided for under workers' compensation insurance;
(2) as an employee of the state for workers' compensation purposes, and the department
shall require the person to provide workers' compensation insurance for each individual
employed by the person to perform the contract, in which case this chapter applies
to the person and the individuals employed by the person without regard to the number
of individuals employed; or
(3) as an employee of the state for workers' compensation purposes, and each individual
employed by that person to perform the contract as an employee of the state for workers'
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