Public-domain · open source
OpenJurist

Tex. Lab. Code § 406.091

EXEMPT EMPLOYEES; VOLUNTARY COVERAGE

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 7 court decisions — leading case Entergy Gulf States, Inc. v. Summers (2009)

Most recently applied in Melvin West v. Southern County Mutual Insurance Company (April 2014)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199620002010201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) The following employees are not subject to this subtitle:

(1) a person employed as a domestic worker or a casual worker engaged in employment incidental to a personal residence;

(2) a person covered by a method of compensation established under federal law; or

(3) except as provided by Subchapter H, a farm or ranch employee.

(b) An employer may elect to obtain workers' compensation insurance coverage for an employee or classification of employees exempted from coverage under Subsection (a)(1) or (a)(3). Obtaining that coverage constitutes acceptance by the employer of the rights and responsibilities imposed under this subtitle as of the effective date of the coverage for as long as the coverage remains in effect.

(c) An employer who does not obtain coverage for exempt employees is not deprived of the common-law defenses described by Section 406.033, but this section does not reinstate or otherwise affect the availability of those or other defenses at common law.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.