Texas Attorney General Opinion: O-1337 Page: 2 of 5
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Honorable Orville S. Carpenter, Page 2
You state your question as follows
"Under the above state of facts,
does Seotion 19 (g) (1) of the Texas
Unemployment Compensation Act (Article
5281b-17 (g) (1), Veron's Texas Civil
Statutes, 1925) operate to make the
services performed by I and the other
individuals, services performed for
wages, in the employment of the A. oom-
panyP Is the Commission, upon institu-
tion of suit by the Attorney General
for the collection of contributions
from A Company, required to make any
showing other than the facts presented
above, together with a statement of
the amount of contributions and pen-
alties sued for? In other words, may
the Commission rest its case upon the
failure of the A company to show to
the satisfaction of the Commission
that I and the other individuals have
been and will continue to be free
from control or direction over the
performance of their services, both
under the contract of service and in
faot?"
Article 5221b, Section 19' (g) (1), as it now
reads is as follows:
*"MPLOYME F subject to the oth-
er provisions of this subsection,
means. service, including service in
nterstate commerce, ormd for
wasn or under any ooitrat of hire,
written or oral, express or implied,
provided that ant services performed
by an individual for wages shall be
deemed to be employment subjet to
this Act unless and until it is
shown to the satisfaction of the oa-
mission that suoh individual has been
and will continue to be free from oon-
trol or direoton over the performance
of such services both under his oon-tract of service and in faat."
"Artiole 528lb Sottion 5 (a),
Payment: On and after January 1,
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1337, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258521/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.