| 6 | 4 | | AN ACT |
|---|
| 7 | 5 | | relating to the eligibility of a landman for unemployment |
|---|
| 8 | 6 | | compensation. |
|---|
| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 8 | | SECTION 1. Section 201.077, Labor Code, is amended to read |
|---|
| 11 | 9 | | as follows: |
|---|
| 12 | 10 | | Sec. 201.077. SERVICE BY LANDMAN. In this subtitle, |
|---|
| 13 | 11 | | "employment" does not include service performed for a private |
|---|
| 14 | 12 | | for-profit person by [an individual as] a landman, as defined by |
|---|
| 15 | 13 | | Section 1702.324, Occupations Code, if: |
|---|
| 16 | 14 | | (1) the compensation paid to the landman [individual |
|---|
| 17 | 15 | | is engaged primarily in negotiating for the acquisition or |
|---|
| 18 | 16 | | divestiture of mineral rights or negotiating business agreements |
|---|
| 19 | 17 | | that provide for the exploration for or development of minerals; |
|---|
| 20 | 18 | | [(2) substantially all remuneration, paid in cash or |
|---|
| 21 | 19 | | otherwise, for the performance of the service is] directly relates |
|---|
| 22 | 20 | | only to the performance of the service [related to the completion by |
|---|
| 23 | 21 | | the individual of the specific, contracted-for tasks, rather than |
|---|
| 24 | 22 | | to the number of hours worked by the individual]; and |
|---|
| 25 | 23 | | (2) [(3)] the service performed by the landman |
|---|
| 26 | 24 | | [individual] is performed under a written contract between the |
|---|
| 27 | 25 | | landman [individual] and the person for whom the service is |
|---|
| 28 | 26 | | performed that provides that the landman [individual] is to be |
|---|
| 29 | 27 | | treated as an independent contractor and not as an employee with |
|---|
| 30 | 28 | | respect to the service provided under the contract. |
|---|
| 31 | 29 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 32 | 30 | | to a claim for unemployment compensation benefits that is filed |
|---|
| 33 | 31 | | with the Texas Workforce Commission on or after the effective date |
|---|
| 34 | 32 | | of this Act. A claim filed before the effective date of this Act is |
|---|
| 35 | 33 | | governed by the law in effect on the date the claim was filed, and |
|---|
| 36 | 34 | | the former law is continued in effect for that purpose. |
|---|
| 37 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 38 | 36 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 39 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 40 | 38 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 41 | 39 | | Act takes effect September 1, 2015. |
|---|
| 40 | + | ______________________________ ______________________________ |
|---|
| 41 | + | President of the Senate Speaker of the House |
|---|
| 42 | + | I hereby certify that S.B. No. 529 passed the Senate on |
|---|
| 43 | + | April 9, 2015, by the following vote: Yeas 31, Nays 0. |
|---|
| 44 | + | ______________________________ |
|---|
| 45 | + | Secretary of the Senate |
|---|
| 46 | + | I hereby certify that S.B. No. 529 passed the House on |
|---|
| 47 | + | May 5, 2015, by the following vote: Yeas 137, Nays 8, two present |
|---|
| 48 | + | not voting. |
|---|
| 49 | + | ______________________________ |
|---|
| 50 | + | Chief Clerk of the House |
|---|
| 51 | + | Approved: |
|---|
| 52 | + | ______________________________ |
|---|
| 53 | + | Date |
|---|
| 54 | + | ______________________________ |
|---|
| 55 | + | Governor |
|---|