83R4799 MAW-F
By: Patrick S.B. No. 1213
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of temporary election officers for
unemployment compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.
SECTION 2. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before the effective date of this Act is
governed by the law in effect on the date the claim was filed, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.