TX · IND-CONTR · Updated July 2026 · Free
Texas Independent Contractor Agreement
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Texas at a glance: Classification Test: Common Law Right-to-Control Test (20 Factors) · Taxes: No state income tax; contractor pays federal self-employment tax · Governing Law: Tex. Lab. Code § 201.041
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Overview
Independent Contractor Agreements in Texas
Texas contractor agreements are governed by the Texas Labor Code. Texas relies on the traditional **Common Law Right-to-Control Test** to determine worker status. The Texas Workforce Commission (TWC) evaluates 20 factors, primarily focusing on whether the client has the right to direct and control the details of the work performed.
Texas does not apply the strict ABC Test, making contractor classifications more flexible for standard service agreements.
Key Facts
Texas Independent Contractor Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Classification Test | Common Law Right-to-Control Test (20 Factors) |
| Taxes | No state income tax; contractor pays federal self-employment tax |
| Governing Law | Tex. Lab. Code § 201.041 |
Legal Requirements
Texas Legal Requirements
- Contract must clearly state the client does not control the methods of work.
- Contractor must supply their own equipment and determine their own work schedule.
Governing Laws
Texas Governing Laws
Tex. Lab. Code § 201.041
Employment Status
Defines employment and the right-to-control guidelines used by the TWC.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Independent Contractor Agreement — Frequently Asked Questions
What classification test does Texas use?
Texas uses the 20-factor right-to-control test, which looks at scheduling, instructions, tools, payment methods, and whether the worker can realize a profit or loss.
Does a Texas contractor agreement need to be in writing?
While verbal agreements can be binding, a written contract is highly recommended to prove that both parties intended to create a contractor relationship rather than employment.