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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative base periods for the computation of |
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unemployment compensation benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 201, Labor Code, is |
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amended by adding Section 201.013 to read as follows: |
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Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATIVE BASE |
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PERIODS. (a) For purposes of this subtitle and subject to this |
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section, an individual's base period is the four consecutive |
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completed calendar quarters, prescribed by the commission, in the |
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five consecutive completed calendar quarters preceding the first |
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day of an individual's benefit year. |
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(b) For an individual precluded because of a medically |
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verifiable illness or injury from working during a major part of a |
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calendar quarter of the period that would otherwise be the |
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individual's base period under Subsection (a), the base period is |
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the first four calendar quarters of the five consecutive calendar |
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quarters preceding the calendar quarter in which the illness began |
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or the injury occurred if the individual files an initial claim for |
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benefits not later than 24 months after the date on which the |
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individual's illness or injury began or occurred. |
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(c) For an individual who does not have sufficient benefit |
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wage credits to qualify for benefits under the computation of the |
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base period as provided by Subsection (a) or (b), the base period is |
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the four most recently completed calendar quarters preceding the |
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first day of the individual's benefit year. |
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(d) For an individual who does not have sufficient benefit |
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wage credits to qualify for benefits under the computation of the |
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base period as provided by Subsection (a), (b), or (c), the base |
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period is the three most recently completed calendar quarters |
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preceding the first day of the individual's benefit year and the |
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portion of the calendar quarter in which the individual's benefit |
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year commences that occurs before the first day of the individual's |
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benefit year. |
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(e) For purposes of establishing qualifications for |
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benefits under the base period computation provided under |
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Subsection (c) or (d), an individual for whom wage information for |
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the most recent calendar quarter or current calendar quarter is not |
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yet accessible to or obtainable by the commission may demonstrate |
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that qualification by providing an affidavit supported by payroll |
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documentation available to the individual for that calendar |
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quarter. The commission by rule shall adopt a procedure for an |
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individual to provide the affidavit and documentation permitted |
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under this subsection. |
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SECTION 2. Section 201.011(1), Labor Code, is repealed. |
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SECTION 3. This Act applies only to eligibility for |
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unemployment compensation benefits based on a claim that is filed |
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with the Texas Workforce Commission on or after the effective date |
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of this Act. A claim filed before the effective date of this Act is |
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governed by the law in effect on the date the claim was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |