By Brimer H.B. No. 1321 77R4262 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the eligibility of substitute teachers for unemployment 1-3 compensation benefits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 201, Labor Code, is amended 1-6 by adding Section 201.078 to read as follows: 1-7 Sec. 201.078. SERVICE BY SUBSTITUTE TEACHER. In this 1-8 subtitle, "employment" does not include service performed for a 1-9 school district by an individual employed as a substitute for a 1-10 regularly employed teacher if: 1-11 (1) the individual hired as a substitute teacher is 1-12 notified in writing by the school district at the time of hiring 1-13 that the position is temporary; and 1-14 (2) there is no reasonable assurance that the 1-15 individual will be offered employment on more than a day-to-day 1-16 basis. 1-17 SECTION 2. Except as provided by Section 3 of this Act, this 1-18 Act takes effect September 1, 2001, and applies only to a claim for 1-19 unemployment compensation benefits that is filed with the Texas 1-20 Workforce Commission on or after that date. A claim filed before 1-21 that date is governed by the law in effect on the date the claim 1-22 was filed, and the former law is continued in effect for that 1-23 purpose. 1-24 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.