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