Texas's workers' compensation law defines an independent contractor to be a person who contracts to perform work or provide a service for the benefit of another and who ordinarily:
• Acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship;
• Is free to determine the manner in which the work or service is performed, including the hours of labor or method of payment to any employee;
• Is required to furnish or to have employees, if any, furnish necessary tools, supplies, or materials to perform the work or service; and
• Possesses the skills required for the specific work or service (TX Labor Code Sec. 406.121).