1. (a) For the purposes of this section, "landman" means an individual who, in the course and scope of the individual's business:

   1. (1) acquires or manages petroleum or mineral interests; or
   2. (2) performs title or contract functions related to the exploration, exploitation, or disposition of petroleum or mineral interests.

2. (b) This chapter does not apply to:

   1. (1) a manufacturer or a manufacturer's authorized distributor who sells equipment intended for resale and does not perform any other service that requires a license under this chapter;

   2. (2) a person engaged exclusively in the business of obtaining and providing information to:

      1. (A) determine creditworthiness;
      2. (B) collect debts; or
      3. (C) ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond;
   3. (3) a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest;

   4. (4) a person who:

      1. (A) is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes; and
      2. (B) does not perform any other service that requires a license under this chapter;

   5. (5) a person who:

      1. (A) is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;
      2. (B) is not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and
      3. (C) does not perform any other act that requires a license under this chapter;
   6. (6) a licensed engineer practicing engineering or directly supervising engineering practice under Chapter 1001, including forensic analysis, burglar alarm system engineering, and necessary data collection;
   7. (7) an employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture;
   8. (8) a landman performing activities in the course and scope of the landman's business;
   9. (9) an attorney while engaged in the practice of law;
   10. (10) a person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;
   11. (11) an admitted insurer, insurance adjuster, agent, or insurance broker licensed by the state, performing duties in connection with insurance transacted by that person;

   12. (12) a person who on the person's own property or on property owned or managed by the person's employer:

       1. (A) installs, changes, or repairs a mechanical security device;
       2. (B) repairs an electronic security device; or
       3. (C) cuts or makes a key for a security device;
   13. (13) security personnel, including security contract personnel, working at a commercial nuclear power plant licensed by the United States Nuclear Regulatory Commission; or
   14. (14) a person or firm licensed as an accountant or accounting firm under Chapter 901, an owner of an accounting firm, or an employee of an accountant or accounting firm.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.656, eff. Sept. 1, 2001;

Acts 2003, 78th Leg., ch. 936, Sec. 13, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1237, Sec. 2, eff. June 20, 2003;

Acts 2003, 78th Leg., ch. 1276, Sec. 14A.801, eff. Sept. 1, 2003.

Acts 2005, 79th Leg., Ch. 518 (H.B. 808), Sec. 1, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch. 1102 (H.B. 2243), Sec. 4, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1155 (H.B. 3140), Sec. 2, eff. June 18, 2005.