SRC-AAA, SLL C.S.S.B. 70 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 70
By: Haywood
Economic Development
4-3-97
Committee Report (Substituted)


DIGEST 

Currently, substitute teachers for public schools are eligible for
unemployment compensation benefits between assignments. School districts
are considered reimbursing employers and are liable for the full amount of
unemployment claims made by a former employee.   This bill would
disqualify substitute teachers from receiving unemployment benefits if the
individual receives written notification that the position is temporary
and there is no reasonable assurance that the individual will be offered
employment on more than a day-to-day basis. 
 
PURPOSE

As proposed, C.S.S.B. 70 disqualifies substitute teachers from receiving
unemployment benefits if the individual receives written notification that
the position is temporary and there is no reasonable assurance that the
individual will be offered employment on more than a day-to-day basis. 
 
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 201E, Labor Code, by adding Section 201.078, as
follows: 

Sec. 201.078.  SERVICE BY SUBSTITUTE TEACHER.  Defines "employment" as
used in this subtitle as not including service performed for a school
district by an individual employed as a substitute for a regularly
employed teacher if the individual is informed in writing that the
position is temporary, and there is no reasonable assurance that the
individual will be offered employment on a day-to-day basis. 

SECTION 2.  Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Provides that Section 201.078, Labor Code, as added by this
Act, is contingent on the passage of federal legislation establishing the
ineligibility of certain substitute teachers to receive unemployment
compensation benefits.  Provides that if that federal legislation is not
enacted, Section 201.078, Labor Code, as added by this Act, has no effect. 

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 3.

Amends SECTION 3 to provide that Section 201.078, Labor Code, as added by
this Act, is contingent on the passage of federal legislation establishing
the ineligibility of certain substitute teachers to receive unemployment
compensation benefits.  Provides that if that federal legislation is not
enacted,  Section 201.078, Labor Code, as added by this Act, has no
effect.  Redesignates proposed SECTION 3 as SECTION 4.