(a) In this section, “franchisee” and “franchisor” have the meanings assigned by 16 C.F.R. Section 436.1.

(b) For purposes of this subtitle, a franchisor is not considered to be an employer of:

(1) a franchisee; or

(2) a franchisee’s employees.

(c) With respect to a specific claim for relief under this subtitle made by a franchisee or a franchisee’s employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee’s employees not customarily exercised by a franchisor for the purpose of protecting the franchisor’s trademarks and brand.

Added by Acts 2015, 84th Leg., ch. 1156 (S.B. 652), § 6, eff. Sept. 1, 2015.