| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the eligibility of a landman for unemployment |
|
|
compensation. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 201.077, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 201.077. SERVICE BY LANDMAN. In this subtitle, |
|
|
"employment" does not include service performed for a private |
|
|
for-profit person by [an individual as] a landman, as defined by |
|
|
Section 1702.324, Occupations Code, if: |
|
|
(1) the compensation paid to the landman [individual
|
|
|
is engaged primarily in negotiating for the acquisition or
|
|
|
divestiture of mineral rights or negotiating business agreements
|
|
|
that provide for the exploration for or development of minerals;
|
|
|
[(2)
substantially all remuneration, paid in cash or
|
|
|
otherwise, for the performance of the service is] directly relates |
|
|
only to the performance of the service [related to the completion by
|
|
|
the individual of the specific, contracted-for tasks, rather than
|
|
|
to the number of hours worked by the individual]; and |
|
|
(2) [(3)] the service performed by the landman |
|
|
[individual] is performed under a written contract between the |
|
|
landman [individual] and the person for whom the service is |
|
|
performed that provides that the landman [individual] is to be |
|
|
treated as an independent contractor and not as an employee with |
|
|
respect to the service provided under the contract. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a claim for unemployment compensation benefits that is filed |
|
|
with the Texas Workforce Commission on or after the effective date |
|
|
of this Act. A claim filed before the effective date of this Act is |
|
|
governed by the law in effect on the date the claim was filed, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |