HBA-TYH S.B. 334 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 334
By: Sibley
Economic Development
4/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the term "employment" for the purposes of determining
unemployment insurance benefits excludes service performed by an inmate of
a custodial or penal institution that is owned or operated by the state or
a subdivision of the state.  As a result of the language in the definition
of "employment" which refers to the public nature of the custodial or penal
institution, an inmate who is employed in a privately owned or operated
prison is eligible for unemployment insurance benefits. S.B. 334 clarifies
that an inmate employed in a privately owned or operated prison is also
ineligible for unemployment insurance benefits. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 201.074, Labor Code, to provide that
"employment" does not include service performed by an inmate of any
custodial or penal institution, rather than an institution owned or
operated by the state or a political subdivision of the state. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.