1-1     By:  Haywood                                           S.B. No. 445

 1-2           (In the Senate - Filed February 5, 1997; February 6, 1997,

 1-3     read first time and referred to Committee on Economic Development;

 1-4     April 4, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 4, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 445                  By:  Haywood

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the status of certain oil and gas workers or services

1-11     providers as independent contractors.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 406.123, Labor Code, is amended by adding

1-14     Subsection (h) to read as follows:

1-15           (h)  Notwithstanding Subsection (b), a person who performs

1-16     work or provides a service for an oil or gas well operator and who

1-17     is an independent contractor that has no employees shall be treated

1-18     in the same manner as an independent contractor with employees and

1-19     is not entitled to coverage under the general contractor's workers'

1-20     compensation insurance policy unless the independent contractor and

1-21     the general contractor enter into an agreement under this section.

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

1-25     emergency and an imperative public necessity that the

1-26     constitutional rule requiring bills to be read on three several

1-27     days in each house be suspended, and this rule is hereby suspended.

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