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.