207.041. SERVICES IN EDUCATIONAL INSTITUTIONS: "reasonable assurance that the individual will perform services

 § 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS.  (a)
Benefits are not payable to an individual based on services
performed in an instructional, research, or principal
administrative capacity for an educational institution for a week
beginning during the period between two successive academic years
or terms or under an agreement providing for a similar period
between two regular but not successive terms if:
  (1)  the individual performed the services in the first
of the academic years or terms;  and
  (2)  there is a contract or reasonable assurance that
the individual will perform services in that capacity for any
educational institution in the second of the academic years or
terms.
 (b)  Benefits are not payable to an individual based on
services performed for an educational institution in a capacity
other than a capacity described by Subsection (a) for a week that
begins during a period between two successive academic years or
terms if:
  (1)  the individual performed the services in the first
of the academic years or terms;  and
  (2)  there is a reasonable assurance that the
individual will perform the services in the second of the academic
years or terms.
 (c)  Notwithstanding Subsection (b), if benefits are denied
to an individual for any week under Subsection (b) and the
individual is not offered an opportunity to perform services for
the educational institution for the second of the academic years or
terms, the individual is entitled to a retroactive payment of the
benefits for each week that:
  (1)  the individual filed a timely claim for benefits; 
and                
  (2)  the benefits were denied solely because of
Subsection (b).            
 (d)  Benefits are not payable to an individual based on
services performed for an educational institution for a week that
begins during an established and customary vacation period or
holiday recess if:
  (1)  the individual performed the services in the
period immediately before the vacation period or holiday recess; 
and
  (2)  there is a reasonable assurance that the
individual will perform the services in the period immediately
following the vacation period or holiday recess.
 (e)  Benefits are not payable as provided under this section
to an individual based on services performed in an educational
institution if the individual performed the services while employed
by an educational service agency.  For the purposes of this
subsection, "educational service agency" means a governmental
agency or other governmental entity that is established and
operated exclusively to provide services to one or more educational
institutions.

Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.