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.