Texas Attorney General Opinion: LO93-111 Page: 1 of 3
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Office of the ttornep generall
State of emexa
DAN MORALES
ATTORNEY GENERAL
Mr. David Myers Letter Opinion No. 93-111
Executive Director
Texas Commission for the Re: Whether interpreters for the deaf hired
Deaf and Hearing Impaired by councils that contract with the Texas
P.O. Box 12904 Commission for the Deaf and Hearing
Austin, Texas 78711 Impaired are employees or independent
contractors (ID# 22176)
Dear Mr. Myers:
Your predecessor asked whether interpreters for the deaf hired by councils that
contract with the Texas Commission for the Deaf and Hearing Impaired (the
"commission") are employees or independent contractors. He explained that the
commission "contracts with a number of local service providers, traditionally known as
Councils for the Deaf, to provide statutorily mandated direct services, including interpreter
services.... Historically,... the interpreters who provide interpreter services through
the councils have been considered independent contractors and not employees." In
addition, he stated that the Texas Employment Commission audited two councils in 1991
and determined that the interpreters of those councils are employees, and that the United
State Internal Revenue Service issued an opinion to an independent agency that its
interpreters are independent contractors. In light of this confusion, he asked this office to
definitively determine the employment status of such interpreters.
The commission is authorized by chapter 81 of the Human Resources Code to
provide interpreter services to the deaf directly or to contract with or provide grants to
other entities to provide such services. See Hum. Res. Code 81.006(a)(2), 81.016. In
addition, the commission's rules state the commission "is responsible for developing and
providing quality services to deaf and hearing-impaired individuals through contracting
agencies, organizations, or individuals, with assistance from the Texas Commission for the
Deaf office." See 40 T.A.C. 181.26. These rules also establish fee schedules for the
services of interpreters paid through commission contracts. See 40 T.A.C.
181.820 - .850. Neither the Human Resources Code nor the commission rules,
however, state whether interpreters employed by entities that contract with the
commission are independent contractors or employees.
The Texas Supreme Court recently described the legal test for distinguishing
between employees and independent contractors as follows:
The test to determine whether a worker is an employee or an
independent contractor is whether the employer has the right to
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO93-111, text, December 7, 1993; (https://texashistory.unt.edu/ark:/67531/metapth276383/m1/1/?q=%22~1~1~1%22~1&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.