By:  Haywood                                  S.B. No. 445

         97S0281/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the status of certain oil and gas workers or services

 1-2     providers as independent contractors.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 406.122, Labor Code, is amended by adding

 1-5     Subsection (d) to read as follows:

 1-6           (d)  For purposes of workers' compensation insurance

 1-7     coverage, a person who performs work or provides a service for an

 1-8     oil or gas well operator is an independent contractor if:

 1-9                 (1)  the oil or gas well operator and the person

1-10     performing the work or providing the service have entered into a

1-11     written agreement stating that the person performing the work or

1-12     providing the service is an independent contractor; and

1-13                 (2)  the person performing the work or providing the

1-14     service is free, while under contract to the oil or gas well

1-15     operator, to work for other oil or gas well operators or is free to

1-16     send helpers to work for other oil or gas well operators.

1-17           SECTION 2.  This Act takes effect September 1, 1997.

1-18           SECTION 3.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended.