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Tex. Lab. Code § 406.097

EXECUTIVE EMPLOYEES OF CERTAIN BUSINESS ENTITIES

Known as the Texas Workers' Compensation Act

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

Applied in 3 court decisions — leading case Port Elevator-Brownsville, L.L.C. v. Casados (2012)

Most recently applied in City of Bellaire and Rosa Larson v. Elbert Johnson (June 2013)

Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.20, eff

How often courts cite this section

20032010201310
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) A sole proprietor, partner, or corporate executive officer of a business entity that elects to provide workers' compensation insurance coverage is entitled to benefits under that coverage as an employee unless the sole proprietor, partner, or corporate executive officer is specifically excluded from coverage through an endorsement to the insurance policy or certificate of authority to self-insure.

(b) The dual capacity doctrine does not apply to a corporate executive officer with an equity ownership in the covered business entity of at least 25 percent and will not invalidate the exclusion of such a corporate executive officer from coverage under Subsection (a).

(c) A sole proprietor or partner of a covered business entity or a corporate officer with an equity ownership in a covered business entity of at least 25 percent may be excluded from coverage under this section notwithstanding Section 406.096.

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