§ 127A.001.Definitions

Three definitions establishing who this 2023 chapter regulates and who it protects.

A "temporary placement service" is an entity or person that employs individuals or contracts with another to refer or assign personnel to the service’s clients to support or supplement the clients’ workforce in a special work situation.

Five situations are listed: an employee absence, a temporary skill shortage, a seasonal or cyclical workload, work requiring uniquely skilled personnel, and a special assignment or project.

The list is drawn from how staffing works in the oilfield, where specialised people are brought in for particular jobs rather than carried on an operator’s payroll.

A "temporary subcontractor" is an independent contractor who, in connection with performing well or mine services, is referred or placed by a temporary placement service with its client, or has entered into an agreement with the service to provide those services to its client.

"Independent contractor" is the defining word. This chapter is about people who are not employees — who have no employer’s workers’ compensation coverage behind them, and whose protection depends on what their contract and someone’s insurance policy say.

"Well or mine service" has the meaning assigned by Section 127.001, which ties this chapter directly to the anti-indemnity act.

That borrowing sets the scope precisely. The same long list of drilling, servicing and mine construction work applies, and the same exclusions for pipeline and midstream work.

The two chapters address the same industry from different angles: one limits what indemnity can be enforced, this one requires that the individual be told what they have agreed to.