Bill Text: TX HB736 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the treatment of a landman as an independent contractor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-26 - Referred to Business & Industry [HB736 Detail]
Download: Texas-2015-HB736-Introduced.html
| 84R4832 ADM-F | ||
| By: King of Parker | H.B. No. 736 | |
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| relating to the treatment of a landman as an independent | ||
| contractor. | ||
| 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. (a) In this subtitle, | ||
| "employment" does not include service performed for a private | ||
| for-profit person by an individual as a landman if: | ||
| (1) the 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 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 | ||
| (3) the service performed by the individual is | ||
| performed under a written contract between the individual and the | ||
| person for whom the service is performed that provides that the | ||
| individual is to be treated as an independent contractor and not as | ||
| an employee with respect to the service provided under the | ||
| contract. | ||
| (b) A contract for a service described by Subsection (a)(1) | ||
| to be performed by an individual as a landman does not constitute | ||
| employment for purposes of this subtitle, and the landman shall be | ||
| considered an independent contractor, if: | ||
| (1) the contract specifically states that: | ||
| (A) the landman is working as an independent | ||
| contractor; and | ||
| (B) the landman's employer does not determine the | ||
| means or methods of the work being performed; and | ||
| (2) the landman's compensation for the contracted | ||
| service is directly related only to the performance of the service. | ||
| SECTION 2. Section 151.0048, Tax Code, is amended by adding | ||
| Subsection (b-2) to read as follows: | ||
| (b-2) "Real property service" does not include a service | ||
| listed under Subsection (a) if the service is performed by a | ||
| landman: | ||
| (1) whose contract specifically states that: | ||
| (A) the landman is working as an independent | ||
| contractor; and | ||
| (B) the landman's employer does not determine the | ||
| means or methods of the work being performed; and | ||
| (2) whose compensation for the contracted service is | ||
| directly related only to the performance of the service. | ||
| SECTION 3. The amendments made by this Act are a | ||
| clarification of existing law and do not imply that existing law may | ||
| be construed as inconsistent with the law as amended by this Act. | ||
| SECTION 4. 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. | ||
