By:  Haywood                                            S.B. No. 70

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the eligibility of substitute teachers for unemployment

 1-2     compensation benefits.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter E, Chapter 201, Labor Code, is amended

 1-5     by adding Section 201.078 to read as follows:

 1-6           Sec. 201.078.  SERVICE BY SUBSTITUTE TEACHER.  In this

 1-7     subtitle, "employment" does not include service performed for a

 1-8     school district by an individual employed as a substitute for a

 1-9     regularly employed teacher if:

1-10                 (1)  the individual hired as a substitute teacher is

1-11     notified in writing by the school district at the time of hiring

1-12     that the position is temporary; and

1-13                 (2)  there is no reasonable assurance that the

1-14     individual will be offered employment on more than a day-to-day

1-15     basis.

1-16           SECTION 2.  Except as provided by Section 3 of this Act, this

1-17     Act takes effect September 1, 1997, and applies only to a claim for

1-18     unemployment compensation benefits that is filed with the Texas

1-19     Workforce Commission on or after that date.  A claim filed before

1-20     that date is governed by the law in effect on the date that the

1-21     claim was filed, and the former law is continued in effect for that

1-22     purpose.

1-23           SECTION 3.  Section 201.078, Labor Code, as added by this

 2-1     Act, is contingent on the passage of federal legislation

 2-2     establishing the ineligibility of certain substitute teachers to

 2-3     receive unemployment compensation benefits.  If that federal

 2-4     legislation is not enacted, Section 201.078, Labor Code, as added

 2-5     by this Act, has no effect.

 2-6           SECTION 4.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.