By Brimer H.B. No. 3138 Substitute the following for H.B. No. 3138: By Elkins C.S.H.B. No. 3138 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the status of certain oil and gas workers or services 1-3 providers as independent contractors. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 406.123, Labor Code, is amended by adding 1-6 Subsection (h) to read as follows: 1-7 (h) Notwithstanding Subsection (b), a person who performs 1-8 work or provides a service for an oil or gas well operator, and who 1-9 is an independent contractor that has no employees, shall be 1-10 treated in the same manner as an independent contractor with 1-11 employees and is not entitled to coverage under the general 1-12 contractor's workers' compensation insurance policy unless the 1-13 independent contractor and the general contractor enter into an 1-14 agreement under this section. 1-15 SECTION 2. This Act takes effect September 1, 1997. 1-16 SECTION 3. The importance of this legislation and the 1-17 crowded condition of the calendars in both houses create an 1-18 emergency and an imperative public necessity that the 1-19 constitutional rule requiring bills to be read on three several 1-20 days in each house be suspended, and this rule is hereby suspended, 1-21 and that this Act take effect and be in force from and after its 1-22 passage, and it is so enacted.