By: Danburg H.B. No. 678
73R2494 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for unemployment compensation benefits
1-3 of certain employees of public educational institutions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Texas Unemployment Compensation Act
1-6 (Article 5221b-1, Vernon's Texas Civil Statutes), is amended by
1-7 amending Subsection (f) and adding Subsection (j) to read as
1-8 follows:
1-9 (f) Equal Treatment: Benefits based on services for all
1-10 employers in employment defined in subsection 19(f) shall be
1-11 payable in the same amount, on the same terms, and subject to the
1-12 same conditions; except that:
1-13 (1) with respect to services in an instructional,
1-14 research, or principal administrative capacity for an educational
1-15 institution, benefits shall not be payable based on those services
1-16 for any week commencing during the period between two (2)
1-17 successive academic years or terms (or, when an agreement provides
1-18 instead for a similar period between two (2) regular but not
1-19 successive terms, during that period) to any individual if the
1-20 individual performs those services in the first of the academic
1-21 years (or terms) and if there is a contract or reasonable assurance
1-22 that the individual will perform services in that capacity for any
1-23 educational institution in the second of the academic years (or
1-24 terms);
2-1 (2) with respect to services in any other capacity for
2-2 a private <an> educational institution:
2-3 (A) benefits shall not be payable on the basis
2-4 of those services to any individual for any week which commences
2-5 during a period between two (2) successive academic years or terms
2-6 if the individual performs those services in the first of the
2-7 academic years or terms and there is a reasonable assurance that
2-8 the individual will perform those services in the second of the
2-9 academic years or terms; except that
2-10 (B) if benefits are denied to any individual for
2-11 any week under Paragraph (A) of this subdivision and the individual
2-12 was not offered an opportunity to perform the services for the
2-13 educational institution for the second of the academic years or
2-14 terms, the individual is entitled to a retroactive payment of the
2-15 benefits for each week for which the individual filed a timely
2-16 claim for benefits and for which benefits were denied solely by
2-17 reason of Paragraph (A);
2-18 (3) with respect to any services described in
2-19 Subdivisions (1) and (2), benefits shall be denied to any
2-20 individual for any week which commences during an established and
2-21 customary vacation period or holiday recess if such individual
2-22 performs such services in the period immediately before such
2-23 vacation period or holiday recess and there is a reasonable
2-24 assurance that such individual will perform such services in the
2-25 period immediately following such vacation period or holiday
2-26 recess; and
2-27 (4) with respect to any services described in
3-1 Subdivisions (1) and (2), benefits payable on the basis of those
3-2 services shall be denied as provided by Subdivisions (1), (2), and
3-3 (3) to any individual who performed those services in an
3-4 educational institution while in the employ of an educational
3-5 service agency, which for the purposes of this subdivision means a
3-6 governmental agency or other governmental entity that is
3-7 established and operated exclusively to provide those services to
3-8 one or more educational institutions.
3-9 (j) Benefits are payable to an individual for services
3-10 performed for a public educational institution in a capacity other
3-11 than a capacity described by Subsection (f)(1) of this section for
3-12 a week that begins during a period between two successive academic
3-13 years or terms if that individual is otherwise eligible for
3-14 benefits under this Act.
3-15 SECTION 2. This Act takes effect September 1, 1993, and
3-16 applies only to benefit eligibility for an unemployment
3-17 compensation claim that is filed with the Texas Employment
3-18 Commission on or after that date. A claim filed before that date
3-19 is governed by the law in effect on the date that the claim was
3-20 filed, and that law is continued in effect for that purpose.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.