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Texas Labor Code - Section 201.063. Certain Government Service

Legal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Section 201.063. Certain Government Service

§ 201.063. CERTAIN GOVERNMENT SERVICE.  (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;
		(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.
	(b)  To the extent the United States Congress permits a state 
to require an instrumentality of the United States to make payments 
into an unemployment fund under a state unemployment compensation 
law, this subtitle applies to the instrumentality and to the 
service performed for the instrumentality.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2001, 77th Leg., ch. 518, § 3, eff. June 11, 2001.

Last modified: August 11, 2007