Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Flores                                       H.B. No. 1938

                                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.  Section 207.041, Labor Code, is amended by

 1-6     repealing subsections (b) and (c).

 1-7           SECTION 2.  Section 207.041, subsections (d) and (e) are

 1-8     amended to read as follows:

 1-9           (b) [(d)]  Benefits are not payable to an individual based on

1-10     services described in subsection (a) performed for an educational

1-11     institution for a week that begins during an established and

1-12     customary vacation period or holiday recess if:

1-13                 (1)  the individual performed the services in the

1-14     period immediately before the vacation period or holiday recess;

1-15     and

1-16                 (2)  there is a reasonable assurance that the

1-17     individual will perform the services in the period immediately

1-18     following the vacation period or holiday recess.

1-19           (c) [(c)]  Benefits are not payable as provided under this

1-20     section to an individual based on services described in subsection

1-21     (a) performed in an educational institution if the individual

1-22     performed the services while employed by an educational service

1-23     agency.  For purposes of this subsection, "educational service

1-24     agency" means a governmental agency or other governmental entity

 2-1     that is established and operated exclusively to provide services to

 2-2     one or more educational institutions.

 2-3           SECTION 3.  This Act takes effect September 1, 1997, and

 2-4     applies only to benefit eligibility for an unemployment

 2-5     compensation claim that is filed with the Texas Workforce

 2-6     Commission on or after that date.  A claim filed before that date

 2-7     is governed by the law in effect on the date that the claim was

 2-8     filed, and that law is continued in effect for that purpose.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded conditions of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.