(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’ compensation purposes.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.