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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding an employee's normal weekly |
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hours of work under the shared work unemployment compensation |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 215.022(a), Labor Code, is amended to |
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read as follows: |
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(a) The commission may approve a shared work plan if: |
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(1) the plan: |
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(A) applies to and identifies a specific affected |
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unit; |
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(B) identifies the employees in the affected unit |
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by name and social security number and describes how the employees |
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will be notified in advance of the plan, if feasible; |
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(C) provides an estimate of the number of |
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employees who would be laid off if the employer does not participate |
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in the shared work plan; |
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(D) reduces the normal weekly hours of work for |
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an employee in the affected unit by at least 10 percent but not more |
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than 60 [40] percent; |
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(E) applies to at least 10 percent of the |
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employees in the affected unit; and |
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(F) permits eligible employees to participate in |
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training; |
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(2) the employer certifies that the implementation of |
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a shared work plan and the resulting reduction in work hours is in |
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lieu of layoffs that would: |
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(A) affect at least 10 percent of the employees |
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in the affected unit; and |
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(B) result in an equivalent reduction in work |
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hours; |
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(3) the employer certifies that: |
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(A) if the employer currently provides fringe |
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benefits, the fringe benefits continue for employees in the |
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affected unit unless those benefits are not continued for employees |
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not participating in the shared work plan; and |
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(B) participation in the shared work plan is |
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consistent with the employer's obligations under state and federal |
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law; and |
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(4) the employer agrees to furnish the commission |
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reports relating to the operation of the plan as requested by the |
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commission and any other information the United States secretary of |
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labor determines is appropriate. |
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SECTION 2. Section 215.041(b), Labor Code, is amended to |
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read as follows: |
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(b) An individual is eligible to receive shared work |
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benefits for a week in which: |
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(1) the individual is employed as a member of an |
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affected unit subject to a shared work plan that was approved before |
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that week and is in effect for that week; |
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(2) the individual is able to work and is available for |
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additional hours of work or for full-time work with the |
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participating employer; and |
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(3) the individual's normal weekly hours of work have |
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been reduced by at least 10 percent but not more than 60 [40] |
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percent, with a corresponding reduction in wages. |
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SECTION 3. (a) The change in law made by this Act applies |
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only to an initial shared work plan or a shared work plan |
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modification submitted by an employer to the Texas Workforce |
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Commission on or after the effective date of this Act. An initial |
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shared work plan or a shared work plan modification submitted |
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before the effective date of this Act is governed by the law as it |
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existed on the date the plan or modification was submitted, and the |
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former law is continued in effect for that purpose. |
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(b) A shared work plan modification submitted to the Texas |
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Workforce Commission on or after the effective date of this Act that |
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modifies a shared work plan approved by the commission before the |
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effective date and would reduce an individual's normal weekly hours |
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of work more than 40 percent is considered to be a substantial |
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modification under Section 215.025, Labor Code, and the modified |
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plan must be evaluated and approved by the commission as provided by |
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that section before implementation. |
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SECTION 4. This Act takes effect September 1, 2021. |