74R10665 E
By Clemons H.B. No. 2337
Substitute the following for H.B. No. 2337:
By Yarbrough C.S.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.