For purposes of the Act, §201.077, a contract covering services by a landman shall contain provisions which would support a finding that the landman is to be treated as an independent contractor. A statement that the landman is to be treated as an independent contractor will not be sufficient. When the Agency determines that a written contract does not accurately reflect the relationship between the parties because the landman is being treated as an employee, then this exemption will not apply.
40 Tex. Admin. Code § 815.130