Section 844.2 - Definitions The following words and terms, when used in this chapter, shall have the following meanings, unless the statute or context in which the word or phrase is used clearly indicates otherwise.
(1) "Adverse Action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position. (2) "Agency" shall have the meaning established under § 800.2 of this title.(3) "Applicant for employment" means a person who has submitted a formal application for an employment position for which the person meets the minimum qualifications and who has a genuine interest in the position.(4) "Applicant for a contract position" means a person who has submitted a formal application or proposal for a contract position for which the person meets the minimum qualifications and who has a genuine interest in the contract position.(5) "Complainant" means an employee, contractor, applicant for employment, or applicant for a contract position who files a complaint against an employer alleging an adverse action by the employer against the person in violation of Texas Health and Safety Code, Chapter 81D.(6) "Complaint Form" means the COVID-19 Vaccine Complaint Form approved by the Agency.(7) "Contractor" means a person who undertakes specific work for an employer in exchange for a benefit without submitting to the control of the employer over the manner, methods, or details of the work.(8) "COVID-19" means the 2019 novel coronavirus disease and any variants of the disease.(9) "Day" means calendar day.(10) "Department" means the Department of State Health Services.(11) "Employee" means an individual who is employed by an employer, whether or not for compensation. The term does not include: (A) a person related to the employer or the employer's spouse within the first or second degree by consanguinity or affinity, as determined under Texas Government Code, Chapter 573; or(12) "Employer" means a person, other than a governmental entity, who employs one or more employees.(13) "Governmental Entity" means this state, an agency of this state, a local government entity, or a political subdivision of this state as defined in § 821.4 of this title. This definition includes the definition of governmental entity as provided by Texas Health and Safety Code § 81B.001(2).(14) "Party" means the agency, a complainant or employer.(15) "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.40 Tex. Admin. Code § 844.2
Adopted by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10667, eff. 12/30/2024