Sec. 61.0031. FRANCHISORS EXCLUDED. (a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.
(b) For purposes of this chapter, a franchisor is not considered to be an employer of:
(1) a franchisee; or
(2) a franchisee's employees.
(c) With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Added by Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 2, eff. September 1, 2015.
Structure Texas Statutes
Title 2 - Protection of Laborers
Subchapter A. General Provisions
Section 61.002. Commission Duties
Section 61.003. Governmental Entities Excluded
Section 61.0031. Franchisors Excluded
Section 61.004. Payment of Certain Fees for Service of Process
Section 61.005. Effect of Refusal to Obey Commission Subpoena; Criminal Penalty