Section 815.150 - Definition of TermsThe following words and terms shall apply to the Act, §§201.028, 201.047, and 204.009, concerning farm and ranch labor, and shall have the following meanings unless the statute or context clearly indicates otherwise.
(1) Agricultural association--Any nonprofit or cooperative association of farmers, growers, or ranchers incorporated or qualified under state law, which recruits, solicits, hires, employs, furnishes, or transports migrant or seasonal agricultural workers.(2) Agricultural employer--Any individual who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed, or nursery or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural workers.(3) Farm labor contracting activity--The recruiting, soliciting, hiring, employing, furnishing, or transporting of migrant or seasonal agricultural workers.(4) Farm labor contractor--Any individual, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity.(5) Farm and ranch labor--Includes all services performed: (A) On a farm or ranch in the employ of an individual in connection with cultivating the soil; raising or harvesting an agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur bearing wildlife; or(B) In the employ of the owner, tenant, or other operator of a farm or ranch, in connection with the operation, management, conservation, improvement, or maintenance of such farm or ranch and its tools and equipment, if the major part of such service is performed on a farm or ranch.(6) Labor agent--An individual in Texas, who for a fee offers, attempts to procure, or procures employment for employees; or without a fee offers, attempts to procure, or procures employment for common or agricultural workers; or any individual, who for a fee attempts to procure or procures employees for an employer; or without a fee offers or attempts to procure common or agricultural workers for employers; or any individual, regardless of whether a fee is received or due, who offers, attempts to supply, or supplies the services of common or agricultural workers to any individual.(7) Migrant worker--An individual who is employed in farm or ranch labor of a seasonal or temporary nature and who is required to be absent overnight from his or her permanent place of residence, provided the individual is not a temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under 8 U.S.C. §1101(a)(15)(H)(ii)(a) and § 1184(c).(8) Orchard--A farm devoted primarily to the planting, cultivating, growing, or harvesting of fruits or nuts.(9) Other farm or ranch laborer--An individual employed in farm or ranch labor or who is neither a seasonal worker nor a migrant worker.(10) Seasonal worker--An individual who is employed in farm or ranch labor of a seasonal or temporary nature and is not required to be absent overnight from his or her permanent place of residence, provided the individual is not a temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under 8 U.S.C. §1101(a)(15)(H)(ii)(a) and § 1184(c).(11) Truck farm--A farm on which fruits, garden vegetables for human consumption, potatoes, sugar beets, or vegetable seeds are produced for market.(12) Vineyard--A farm devoted primarily to the planting, cultivating, growing, or harvesting of grapes.40 Tex. Admin. Code § 815.150
The provisions of this §815.150 adopted to be effective February 19, 2007, 32 TexReg 628