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Thank you for your question, Vicki. Under Texas law, non-competes apply the same to both W-2 employees and 1099 contractors. So that does not really make a difference.
However, Texas non-competes are subject to other restrictions. They have to be reasonable in scope, jurisdiction, and duration. A person bound by the non-compete can challenge the contract as being unreasonable. REPLY and let me know if you want to know how to do so.
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