Texas 2023 - 88th Regular

Texas Senate Bill SB604

Filed
1/25/23  
Out of Senate Committee
4/4/23  
Voted on by Senate
4/12/23  
Out of House Committee
5/5/23  
Voted on by House
5/8/23  
Governor Action
5/24/23  

Caption

Relating to land services performed by a landman.

Impact

The bill amends the Occupations Code to delineate a clearer definition of 'land services' and establishes an exception to the practice of law for specific activities performed by non-attorneys in this field. Additionally, the tax code amendment allows taxable entities engaged primarily in landman services to exclude certain subcontracting payments from their total revenue calculations, effective January 1, 2024. This legislative change could impact how landmen and companies involved in mineral exploration report their revenues and potentially improve their tax situations.

Summary

SB604 is a legislative act that focuses on defining and regulating land services performed by landmen in Texas. The bill aims to clarify the roles of landmen and the legal nuances surrounding land services, particularly in relation to mineral and energy resources. By refining the definitions and scope of what constitutes land services, the bill seeks to ensure that landmen can operate without interrupting their activities due to ambiguities in the law. It emphasizes the importance of land services in supporting the exploration, development, and management of mineral rights and energy resources in the state.

Sentiment

Sentiment surrounding SB604 appears to be largely positive among stakeholders involved in land services and energy resource management. The bill was passed with a significant majority in both the Senate and House, reflecting a general consensus on the importance of supporting the oil, gas, and mineral industries. However, some concerns were highlighted by those wary of potential loopholes or unintended consequences that might arise from the exceptions included in the legislation.

Contention

Notable points of contention centered around the potential for ambiguity in the definitions provided by the bill and concerns about regulatory oversight. Some opponents worried that defining the exception to the practice of law might lead to unregulated practices within the land services industry. The discussion included weighing the benefits of clarifying roles against the necessity of maintaining strong regulatory controls to protect against malpractice in land negotiations.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 954. Land Services For Petroleum, Mineral, And Other Energy Sources
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 1702. Private Security
    • Section: 324
    • Section: 324
    • Section: 324
  • Chapter 1101. Real Estate Brokers And Sales Agents
    • Section: New Section

Tax Code

  • Chapter 171. Franchise Tax
    • Section: 1011
    • Section: 1011
    • Section: 1011
    • Section: 1011

Companion Bills

TX HB1915

Identical Relating to land services performed by a landman.

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