1-1     By:  Haywood                                            S.B. No. 70

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Economic Development;

 1-4     April 4, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 2; April 4, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 70                   By:  Haywood

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the eligibility of substitute teachers for unemployment

1-11     compensation benefits.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter E, Chapter 201, Labor Code, is amended

1-14     by adding Section 201.078 to read as follows:

1-15           Sec. 201.078.  SERVICE BY SUBSTITUTE TEACHER.  In this

1-16     subtitle, "employment" does not include service performed for a

1-17     school district by an individual employed as a substitute for a

1-18     regularly employed teacher if:

1-19                 (1)  the individual hired as a substitute teacher is

1-20     notified in writing by the school district at the time of hiring

1-21     that the position is temporary; and

1-22                 (2)  there is no reasonable assurance that the

1-23     individual will be offered employment on more than a day-to-day

1-24     basis.

1-25           SECTION 2.  Except as provided by Section 3 of this Act, this

1-26     Act takes effect September 1, 1997, and applies only to a claim for

1-27     unemployment compensation benefits that is filed with the Texas

1-28     Workforce Commission on or after that date.  A claim filed before

1-29     that date is governed by the law in effect on the date that the

1-30     claim was filed, and the former law is continued in effect for that

1-31     purpose.

1-32           SECTION 3.  Section 201.078, Labor Code, as added by this

1-33     Act, is contingent on the passage of federal legislation

1-34     establishing the ineligibility of certain substitute teachers to

1-35     receive unemployment compensation benefits.  If that federal

1-36     legislation is not enacted, Section 201.078, Labor Code, as added

1-37     by this Act, has no effect.

1-38           SECTION 4.  The importance of this legislation and the

1-39     crowded condition of the calendars in both houses create an

1-40     emergency and an imperative public necessity that the

1-41     constitutional rule requiring bills to be read on three several

1-42     days in each house be suspended, and this rule is hereby suspended.

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