By Goodman                                            H.B. No. 1398
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exception to unemployment compensation for on-call
    1-3  governmental employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter D, Chapter 201, Subsection
    1-6  201.063(a)(1) of the Labor Code is amended to read as follows:
    1-7        (a)  In this subtitle, "employment" does not include:
    1-8              (1)  service in the employ of a political subdivision
    1-9  or of an instrumentality of a political subdivision that is wholly
   1-10  owned by one or more political subdivisions:
   1-11                    (A)  as an elected official;
   1-12                    (B)  as a member of a legislative body;
   1-13                    (C)  as a member of the judiciary;
   1-14                    (D)  as a temporary employee in case of fire,
   1-15  storm, snow, earthquake, flood, or similar emergency; <or>
   1-16                    (E)  in a position that is designated under law
   1-17  as a major nontenured policy-making or advisory position or a
   1-18  policy-making or advisory position that ordinarily does not require
   1-19  more than eight hours of service each week; or
   1-20                    (F)  as an employee whose condition of employment
   1-21  is that the person works only on an on-call, as-needed basis;
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.