Texas 2015 - 84th Regular

Texas House Bill HB736 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4832 ADM-F
2	2	By: King of Parker H.B. No. 736
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the treatment of a landman as an independent
8	8	contractor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 201.077, Labor Code, is amended to read
11	11	as follows:
12	12	Sec. 201.077. SERVICE BY LANDMAN. (a) In this subtitle,
13	13	"employment" does not include service performed for a private
14	14	for-profit person by an individual as a landman if:
15	15	(1) the individual is engaged primarily in negotiating
16	16	for the acquisition or divestiture of mineral rights or negotiating
17	17	business agreements that provide for the exploration for or
18	18	development of minerals;
19	19	(2) substantially all remuneration, paid in cash or
20	20	otherwise, for the performance of the service is directly related
21	21	to the completion by the individual of the specific, contracted-for
22	22	tasks, rather than to the number of hours worked by the individual;
23	23	and
24	24	(3) the service performed by the individual is
25	25	performed under a written contract between the individual and the
26	26	person for whom the service is performed that provides that the
27	27	individual is to be treated as an independent contractor and not as
28	28	an employee with respect to the service provided under the
29	29	contract.
30	30	(b) A contract for a service described by Subsection (a)(1)
31	31	to be performed by an individual as a landman does not constitute
32	32	employment for purposes of this subtitle, and the landman shall be
33	33	considered an independent contractor, if:
34	34	(1) the contract specifically states that:
35	35	(A) the landman is working as an independent
36	36	contractor; and
37	37	(B) the landman's employer does not determine the
38	38	means or methods of the work being performed; and
39	39	(2) the landman's compensation for the contracted
40	40	service is directly related only to the performance of the service.
41	41	SECTION 2. Section 151.0048, Tax Code, is amended by adding
42	42	Subsection (b-2) to read as follows:
43	43	(b-2) "Real property service" does not include a service
44	44	listed under Subsection (a) if the service is performed by a
45	45	landman:
46	46	(1) whose contract specifically states that:
47	47	(A) the landman is working as an independent
48	48	contractor; and
49	49	(B) the landman's employer does not determine the
50	50	means or methods of the work being performed; and
51	51	(2) whose compensation for the contracted service is
52	52	directly related only to the performance of the service.
53	53	SECTION 3. The amendments made by this Act are a
54	54	clarification of existing law and do not imply that existing law may
55	55	be construed as inconsistent with the law as amended by this Act.
56	56	SECTION 4. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2015.