74R10665 E
          By Clemons                                            H.B. No. 2337
                                 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 educational institutions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 207.041(a) and (b), Labor Code, are
    1-6  amended to read as follows:
    1-7        (a)  Benefits are not payable to an individual based on
    1-8  services performed in an instructional, research, or principal
    1-9  administrative capacity for an educational institution for a week
   1-10  beginning during the period between two successive academic years
   1-11  or terms or under an agreement providing for a similar period
   1-12  between two regular but not successive terms if<:>
   1-13              <(1)>  the individual performed the services in the
   1-14  first of the academic years or terms<;> and
   1-15              <(2)>  there is a contract or reasonable assurance that
   1-16  the individual will perform services in that capacity for any
   1-17  educational institution in the second of the academic years or
   1-18  terms.  For the purposes of this subsection, "reasonable assurance"
   1-19  exists only if the economic conditions of the employment offered to
   1-20  the individual in the second of the academic years or terms are not
   1-21  substantially less favorable than the conditions of the employment
   1-22  performed by that individual in the first of the academic years or
   1-23  terms.
   1-24        (b)  Benefits are not payable to an individual based on
    2-1  services performed for an educational institution in a capacity
    2-2  other than a capacity described by Subsection (a) for a week that
    2-3  begins during a period between two successive academic years or
    2-4  terms if<:>
    2-5              <(1)>  the individual performed the services in the
    2-6  first of the academic years or terms<;> and
    2-7              <(2)>  there is a reasonable assurance that the
    2-8  individual will perform the services in the second of the academic
    2-9  years or terms.  For the purposes of this subsection, "reasonable
   2-10  assurance" exists only if the economic conditions of the employment
   2-11  offered to the individual in the second of the academic years or
   2-12  terms are not substantially less favorable than  the conditions of
   2-13  the employment performed by that individual in the first of the
   2-14  academic years or terms.
   2-15        SECTION 2.  The Texas Employment Commission shall perform an
   2-16  interim study, out of funds already appropriated, to analyze issues
   2-17  related to the eligibility for unemployment benefits of employees
   2-18  of educational institutions.  The study shall include the
   2-19  advantages and disadvantages of paying benefits or providing other
   2-20  support to those employees during periods between academic
   2-21  sessions.  The commission shall report to the legislature not later
   2-22  than December 1, 1996, the results of the commission's study and
   2-23  any recommendations for legislation necessary to address the issues
   2-24  studied by the committee.
   2-25        SECTION 3.  This Act takes effect September 1, 1995, and
   2-26  applies only to a claim for unemployment compensation benefits that
   2-27  is filed with the Texas Employment Commission on or after January
    3-1  1, 1996.  A claim filed before January 1, 1996, is governed by the
    3-2  law as it existed immediately before the effective date of this
    3-3  Act, and that law is continued in effect for that purpose.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.