By Duncan H.B. No. 1986
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to employment of resident physicians and students by
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 201.068, Labor Code is amended to read as
1-6 follows:
1-7 In this subtitle, "employment" does not include:
1-8 (1) service as a student nurse who is:
1-9 (A) employed by a hospital or a nurses' training
1-10 school; and
1-11 (B) enrolled and regularly attending classes in
1-12 a nurses training school chartered or approved under state law;
1-13 (2) service as an intern or a resident physician in
1-14 the employ of a hospital or an institution of higher education, by
1-15 an individual who has completed a four-year course in a medical
1-16 school or school osteopathic medicine <chartered or approved under
1-17 state law; or>
1-18 (3) service in the employ of a hospital by a patient
1-19 of the hospital.
1-20 SECTION 2. Section 201.069. Labor Code is amended to read
1-21 as follows:
1-22 In this subtitle, "employment" does not include:
1-23 (1) service performed by an individual who is employed
2-1 by an institution of higher education, and is required to have
2-2 student status as a condition of employment. This includes service
2-3 performed by the student between academic terms or years if:
2-4 (a) the student was enrolled as a student at an
2-5 institution of higher education for the preceeding academic term or
2-6 year; or
2-7 (b) there is reasonable assurance that the
2-8 student will be enrolled for the next academic term or year <in the
2-9 employ of a school, college, or university by a student who is
2-10 enrolled and regularly attending classes at the school, college, or
2-11 university>;
2-12 (2) service performed by an individual who is enrolled
2-13 as a student in a full-time program that combines academic
2-14 instruction with work experience and that is taken for credit at a
2-15 nonprofit or public educational institution normally maintaining a
2-16 regular faculty and curriculum and having a regularly organized
2-17 body of students in attendance at the place where its educational
2-18 activities are conducted, if the service is an integral part of the
2-19 program, and the institution has so certified to the employing
2-20 unit, except:
2-21 (A) service performed in a program established
2-22 for an employer or a group of employers;
2-23 (B) service in an apprenticeship training
2-24 program; or
2-25 (C) service performed by a teaching assistant;
3-1 or
3-2 (3) service by a student in the employ of an organized
3-3 camp if:
3-4 (A) the camp:
3-5 (i) did not operate for more than seven
3-6 months in the current calendar year that were not more than 33 1/3
3-7 percent of its average gross receipts for the other six months in
3-8 the preceding calendar year; and
3-9 (B) the student performed services for the camp
3-10 for fewer than 13 calendar weeks in the calendar year and the
3-11 student:
3-12 (i) is enrolled as a full-time student at
3-13 an educational institution; or
3-14 (ii) is between academic terms or years
3-15 and:
3-16 (a) the student was enrolled as a
3-17 full-time student at an educational institution for the preceding
3-18 academic term or year; and
3-19 (b) there is reasonable assurance
3-20 that the student will be so enrolled for the next academic term or
3-21 year.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.