84R7385 MAW-F
By: King of Parker H.B. No. 1312
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a landman for unemployment
compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.077, Labor Code, is amended to read
as follows:
Sec. 201.077. SERVICE BY LANDMAN. In this subtitle,
"employment" does not include service performed for a private
for-profit person by [an individual as] a landman, as defined by
Section 1702.324, Occupations Code, if:
(1) the compensation paid to the landman [individual
is engaged primarily in negotiating for the acquisition or
divestiture of mineral rights or negotiating business agreements
that provide for the exploration for or development of minerals;
[(2) substantially all remuneration, paid in cash or
otherwise, for the performance of the service is] directly relates
only to the performance of the service [related to the completion by
the individual of the specific, contracted-for tasks, rather than
to the number of hours worked by the individual]; and
(2) [(3)] the service performed by the landman
[individual] is performed under a written contract between the
landman [individual] and the person for whom the service is
performed that provides that the landman [individual] is to be
treated as an independent contractor and not as an employee with
respect to the service provided under the contract.
SECTION 2. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before the effective date of this Act is
governed by the law in effect on the date the claim was filed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.