Bill Text: TX HB1915 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to land services performed by a landman.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-05 - Laid on the table subject to call [HB1915 Detail]

Download: Texas-2023-HB1915-Comm_Sub.html

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88R20767 TSS-F
By: Hefner H.B. No. 1915
Substitute the following for H.B. No. 1915:
By: Goldman C.S.H.B. No. 1915

A BILL TO BE ENTITLED
AN ACT
relating to land services performed by a landman.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 954, Occupations Code, is amended to
read as follows:
CHAPTER 954. LAND SERVICES FOR PETROLEUM, [AND] MINERAL, AND OTHER
ENERGY SOURCES [LAND SERVICES]
Sec. 954.001. DEFINITIONS. In this chapter:
(1) "Land services" means the performance or
supervision of one or more of the following activities:
(A) negotiating the acquisition or divestiture
of mineral rights or rights associated with other energy sources;
(B) negotiating business agreements or easements
that provide for the exploration for or development of minerals or
other energy sources;
(C) ascertaining ownership in mineral rights or
rights associated with other energy sources and related real
property through the research of public and private records;
(D) reviewing the status of title, curing title
defects, providing title due diligence, and otherwise reducing
title risk associated with the ownership, acquisition, or
divestiture of mineral rights, property associated with minerals,
or rights associated with other energy sources, excluding:
(i) administrative functions;
(ii) division order functions; and
(iii) lease analyst functions;
(E) managing rights or obligations derived from
ownership of interests in minerals or rights associated with other
energy sources; or
(F) using or pooling mineral interests or rights
associated with other energy sources.
(2) "Mineral" has the meaning assigned by Section
75.001, Property Code. The term includes oil, gas, related
hydrocarbons, coal, lignite, uranium, and substances classified as
base, industrial, precious, or strategic minerals.
(3) "Other energy source" means a natural resource
other than a mineral that is necessary to produce energy, including
geothermal, hydroelectric, nuclear, solar, and wind energy.
Sec. 954.002. EXCEPTION TO PRACTICE OF LAW. For the
purposes of the definition in Section 81.101, Government Code, the
"practice of law" does not include engaging in land services [acts
relating to the lease, purchase, sale, or transfer of a mineral or
mining interest in real property or an easement or other interest
associated with a mineral or mining interest in real property] if:
(1) the acts are performed by a person who does not
hold the person out as an attorney licensed to practice law in this
state or in another jurisdiction; and
(2) the person is not a licensed attorney.
SECTION 2. Section 1101.005, Occupations Code, is amended
to read as follows:
Sec. 1101.005. APPLICABILITY OF CHAPTER. This chapter
does not apply to:
(1) an attorney licensed in this state;
(2) an attorney-in-fact authorized under a power of
attorney to conduct not more than three real estate transactions
annually;
(3) a public official while engaged in official
duties;
(4) an auctioneer licensed under Chapter 1802 while
conducting the sale of real estate by auction if the auctioneer does
not perform another act of a broker;
(5) a person conducting a real estate transaction
under a court order or the authority of a will or written trust
instrument;
(6) a person employed by an owner in the sale of
structures and land on which structures are located if the
structures are erected by the owner in the course of the owner's
business;
(7) an on-site manager of an apartment complex;
(8) an owner or the owner's employee who leases the
owner's improved or unimproved real estate; or
(9) a transaction involving:
(A) the sale, lease, or transfer of a mineral or
mining interest in real property;
(B) the sale, lease, or transfer of a cemetery
lot;
(C) the lease or management of a hotel or motel;
[or]
(D) the sale of real property under a power of
sale conferred by a deed of trust or other contract lien; or
(E) the sale, lease, or transfer of an interest
in real property relating to another energy source, as defined by
Section 954.001.
SECTION 3. Section 1702.324(a), Occupations Code, is
amended to read as follows:
(a) For the purposes of this section, "landman" means an
individual who, in the course and scope of the individual's
business:
(1) acquires or manages petroleum or mineral
interests; [or]
(2) performs title or contract functions related to
the exploration, exploitation, or disposition of petroleum or
mineral interests; or
(3) otherwise engages in land services as defined by
Section 954.001.
SECTION 4. Section 171.1011(g-11), Tax Code, is amended to
read as follows:
(g-11) A taxable entity that is primarily engaged in the
business of performing landman services shall exclude from its
total revenue, to the extent included under Subsection (c)(1)(A),
(c)(2)(A), or (c)(3), subcontracting payments made by the taxable
entity to nonemployees for the performance of landman services on
behalf of the taxable entity. In this subsection, "landman
services" means:
(1) performing title searches for the purpose of
determining ownership of or curing title defects related to oil,
gas, other energy sources, or other related mineral or petroleum
interests;
(2) negotiating the acquisition or divestiture of
mineral rights for the purpose of the exploration, development, or
production of oil, gas, other energy sources, or other related
mineral or petroleum interests; or
(3) negotiating or managing the negotiation of
contracts or other agreements related to the ownership of mineral
interests for the exploration, exploitation, disposition,
development, or production of oil, gas, other energy sources, or
other related mineral or petroleum interests.
SECTION 5. The change in law made by this Act to Section
171.1011(g-11), Tax Code, applies only to a report originally due
on or after January 1, 2024.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect:
(1) immediately if this Act receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution; or
(2) September 1, 2023, if this Act does not receive the
vote necessary for immediate effect.
(b) Section 171.1011(g-11), Tax Code, as amended by this
Act, takes effect January 1, 2024.