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SECTION 1. Section
201.063(a), Labor Code, is amended to read as follows:
(a) In this subtitle, "employment"
does not include:
(1) service in the employ of
a political subdivision or of an instrumentality of a political subdivision
that is wholly owned by one or more political subdivisions:
(A) as an elected official;
(B) as a member of a
legislative body;
(C) as a member of the
judiciary;
(D) as a temporary employee
in case of fire, storm, snow, earthquake, flood, or similar emergency; [or]
(E) in a position that is
designated under law as a major nontenured policy-making or advisory
position or a policy-making or advisory position that ordinarily does not
require more than eight hours of service each week; or
(F) as a temporary election worker, officer, or official in conducting an election in the political subdivision;
(2) service in the employ of
a foreign government, including service as a consular or other officer or
employee or as a nondiplomatic representative;
(3) service in the employ of
an instrumentality wholly owned by a foreign government if:
(A) the service is similar
to service performed in a foreign country by an employee of the United
States government or an instrumentality of that government; and
(B) the United States
secretary of state has certified to the United States secretary of the
treasury that the foreign government grants an equivalent exemption for
similar services performed in the foreign country by an employee of the
United States government or an instrumentality of the United States
government;
(4) service in the employ of
the United States government or an instrumentality of the United States
exempt under the United States Constitution from the contributions imposed
by this subtitle; or
(5) service described by
Subdivisions (1)-(3) performed in the employ of an Indian tribe.
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SECTION 1. Section
201.063(a), Labor Code, is amended to read as follows:
(a) In this subtitle,
"employment" does not include:
(1) service in the employ of
a political subdivision or of an instrumentality of a political subdivision
that is wholly owned by one or more political subdivisions:
(A) as an elected official;
(B) as a member of a
legislative body;
(C) as a member of the
judiciary;
(D) as a temporary employee
in case of fire, storm, snow, earthquake, flood, or similar emergency; [or]
(E) in a position that is
designated under law as a major nontenured policy-making or advisory
position or a policy-making or advisory position that ordinarily does not
require more than eight hours of service each week; or
(F) as an election
official or worker if the remuneration
received by the individual during the calendar year is less than $1,000;
(2) service in the employ of
a foreign government, including service as a consular or other officer or
employee or as a nondiplomatic representative;
(3) service in the employ of
an instrumentality wholly owned by a foreign government if:
(A) the service is similar
to service performed in a foreign country by an employee of the United
States government or an instrumentality of that government; and
(B) the United States
secretary of state has certified to the United States secretary of the
treasury that the foreign government grants an equivalent exemption for
similar services performed in the foreign country by an employee of the
United States government or an instrumentality of the United States government;
(4) service in the employ of
the United States government or an instrumentality of the United States
exempt under the United States Constitution from the contributions imposed
by this subtitle; or
(5) service described by
Subdivisions (1)-(3) performed in the employ of an Indian tribe.
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