Texas § FA.234.101 - DEFINITIONS

§ FA.234.101. DEFINITIONS

DEFINITIONS. In this subchapter: (1) "Employee" means an individual who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(c)) or an independent contractor as defined by the Internal Revenue Service. The term includes a driver who logs in to the digital network of a transportation network company, as those terms are defined by Section 2402.001 , Occupations Code, regardless of whether the driver is considered an independent contractor under Section 2402.114 , Occupations Code, and an individual who logs in to or otherwise uses a technology platform to make deliveries for compensation. The term does not include an employee of a state agency performing intelligence or counterintelligence functions if the head of the agency has determined that reporting employee information under this subchapter could endanger the safety of the employee or compromise an ongoing investigation or intelligence activity. (2) "Employer" has the meaning given that term by Section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 3401(d)) and includes a governmental entity and a labor organization, as that term is identified in Section 2(5) of the National Labor Relations Act (29 U.S.C. Section 152(5)), including an entity, also known as a "hiring hall," used by the labor organization and an employer to carry out requirements of an agreement between the organization and an employer described in Section 8(f)(3) of that Act (29 U.S.C. Section 158(f)(3)). The term includes a transportation network company, as defined by Section 2402.001 , Occupations Code, and a person that operates a technology platform used to make deliveries to customers. (3) "Newly hired employee" means an employee who: (A) has not previously been employed by or received earnings from the employer; or (B) was previously employed by the employer but has been separated from that employment or has not received earnings from the employer for at least 60 consecutive days. Added by Acts 1997, 75th Leg., ch. 911, Sec. 94, eff. Sept. 1, 1997. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 742 (S.B. 355 ), Sec. 17, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 963 (S.B. 1727 ), Sec. 7, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 446 (H.B. 458 ), Sec. 2, eff. September 1, 2021.