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.