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.