| 1 | 1 | | By: Elkins (Senate Sponsor - Patrick) H.B. No. 983 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Economic |
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| 4 | 4 | | Development; May 17, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 5, Nays 0; May 17, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the eligibility of temporary election officers for |
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| 11 | 11 | | unemployment compensation. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 201.063(a), Labor Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) In this subtitle, "employment" does not include: |
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| 16 | 16 | | (1) service in the employ of a political subdivision |
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| 17 | 17 | | or of an instrumentality of a political subdivision that is wholly |
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| 18 | 18 | | owned by one or more political subdivisions: |
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| 19 | 19 | | (A) as an elected official; |
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| 20 | 20 | | (B) as a member of a legislative body; |
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| 21 | 21 | | (C) as a member of the judiciary; |
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| 22 | 22 | | (D) as a temporary employee in case of fire, |
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| 23 | 23 | | storm, snow, earthquake, flood, or similar emergency; [or] |
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| 24 | 24 | | (E) in a position that is designated under law as |
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| 25 | 25 | | a major nontenured policy-making or advisory position or a |
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| 26 | 26 | | policy-making or advisory position that ordinarily does not require |
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| 27 | 27 | | more than eight hours of service each week; or |
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| 28 | 28 | | (F) as an election official or worker if the |
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| 29 | 29 | | remuneration received by the individual during the calendar year is |
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| 30 | 30 | | less than $1,000; |
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| 31 | 31 | | (2) service in the employ of a foreign government, |
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| 32 | 32 | | including service as a consular or other officer or employee or as a |
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| 33 | 33 | | nondiplomatic representative; |
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| 34 | 34 | | (3) service in the employ of an instrumentality wholly |
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| 35 | 35 | | owned by a foreign government if: |
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| 36 | 36 | | (A) the service is similar to service performed |
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| 37 | 37 | | in a foreign country by an employee of the United States government |
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| 38 | 38 | | or an instrumentality of that government; and |
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| 39 | 39 | | (B) the United States secretary of state has |
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| 40 | 40 | | certified to the United States secretary of the treasury that the |
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| 41 | 41 | | foreign government grants an equivalent exemption for similar |
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| 42 | 42 | | services performed in the foreign country by an employee of the |
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| 43 | 43 | | United States government or an instrumentality of the United States |
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| 44 | 44 | | government; |
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| 45 | 45 | | (4) service in the employ of the United States |
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| 46 | 46 | | government or an instrumentality of the United States exempt under |
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| 47 | 47 | | the United States Constitution from the contributions imposed by |
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| 48 | 48 | | this subtitle; or |
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| 49 | 49 | | (5) service described by Subdivisions (1)-(3) |
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| 50 | 50 | | performed in the employ of an Indian tribe. |
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| 51 | 51 | | SECTION 2. The change in law made by this Act applies only |
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| 52 | 52 | | to a claim for unemployment compensation benefits that is filed |
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| 53 | 53 | | with the Texas Workforce Commission on or after the effective date |
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| 54 | 54 | | of this Act. A claim filed before the effective date of this Act is |
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| 55 | 55 | | governed by the law in effect on the date the claim was filed, and |
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| 56 | 56 | | the former law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 58 | 58 | | * * * * * |
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