By Yarbrough H.B. No. 2015
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility for unemployment benefits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3, Texas Unemployment Compensation Act
1-5 (Article 5221b-1, Vernon's Texas Civil Statutes) is amended to read
1-6 as follows:
1-7 Section 3. (a) Payment of Benefits: On and after January
1-8 1, 1938, benefits shall become payable from the fund. All benefits
1-9 shall be paid through the Texas Employment Commission, in
1-10 accordance with such regulations as the Commission may prescribe.
1-11 (b) Benefit Amount for Total Unemployment: Each eligible
1-12 individual who is totally unemployed in any benefit period shall be
1-13 paid with respect to such benefit period, benefits at the rate of
1-14 one twenty-fifth (1/25) of his wages received from employment by
1-15 employers during that quarter in his base period in which wages
1-16 were highest, provided that:
1-17 (1) If such rate is not an even multiple of One Dollar
1-18 ($1), it shall be adjusted to the next lower <higher> multiple of
1-19 One Dollar ($1); and
1-20 (2) Such rate shall not be more than Eighty-four
1-21 Dollars ($84) per benefit period nor less than Fifteen Dollars
1-22 ($15) per benefit period on valid initial claims filed on or after
1-23 October 1, 1977; provided that if the annual average of the
2-1 manufacturing production workers average weekly wage in Texas
2-2 exceeds by Ten Dollars ($10) the average weekly wage for those
2-3 workers in 1976 as determined by the Texas Employment Commission
2-4 and published in its report, "The Average Weekly Wage," the maximum
2-5 weekly benefit amount shall be increased by Seven Dollars ($7) and
2-6 the minimum weekly benefit amount shall be increased by One Dollar
2-7 ($1) above the maximum and minimum amounts established herein, the
2-8 increases to become effective on valid initial claims filed on or
2-9 after October 1 following publication of "The Average Weekly Wage"
2-10 report. Thereafter, each cumulative (additional) Ten Dollar ($10)
2-11 increase in the average weekly wage for manufacturing production
2-12 workers in Texas, as annually determined and reported by the Texas
2-13 Employment Commission, shall cumulatively increase the maximum
2-14 weekly benefit amount by an additional Seven Dollars ($7) and the
2-15 minimum weekly benefit amount by an additional One Dollar ($1)
2-16 beginning with the next October 1 following publication of "The
2-17 Average Weekly Wage" report. The maximum benefit amount payable
2-18 per benefit period under this section to any individual on the
2-19 effective date of a valid claim shall remain the maximum benefit
2-20 amount payable to that individual until that individual establishes
2-21 a new benefit year.
2-22 (b-1) Notwithstanding Subsection (b)(2) of this section,
2-23 after any increase effective on October 1, 1986, the Commission may
2-24 not implement an increase in the maximum weekly benefit amount
2-25 until October 1, 1989. The Commission shall calculate the maximum
3-1 weekly benefit amounts for claims filed on or after October 1,
3-2 1989, without consideration of any increase in the annual average
3-3 weekly wage for manufacturing production workers in this state for
3-4 the years 1986 and 1987.
3-5 (c) Benefit for partial unemployment: Each eligible
3-6 individual who is partially unemployed in any benefit period shall
3-7 be paid with respect to such benefit period a partial benefit,
3-8 provided that such individual shall meet the requirements of
3-9 subsection 4(a) of this Act. Such partial benefit shall be the
3-10 benefit amount plus (i) Five Dollars ($5), or (ii) twenty-five per
3-11 cent (25%) of the benefit amount, whichever of (i) or (ii) is
3-12 greater, less the wages earned during such benefit period, provided
3-13 that if the result of such computation is not an even multiple of
3-14 One Dollar ($1), it shall be adjusted to the next lower <higher>
3-15 multiple of One Dollar ($1).
3-16 (d) Duration of Benefits: The Commission shall establish
3-17 wage credits for each individual by crediting him with the wages
3-18 for employment received by him during his base period from
3-19 employers. The maximum total amount of benefits payable to any
3-20 eligible individual during any benefit year shall not exceed
3-21 whichever is the lesser of:
3-22 (1) Twenty-six (26) times his benefit amount, or
3-23 (2) Twenty-seven per cent (27%) of such wage credits;
3-24 provided that if such is not an even multiple of One Dollar ($1),
3-25 it shall be adjusted to the next higher multiple of One Dollar
4-1 ($1).
4-2 (e) Benefit Wage Credits: "Benefit wage credits" means
4-3 those wages as defined in this subsection of the Act, which are
4-4 used in determining an individual's right to benefits. "Wages" as
4-5 used in this Section shall be as defined in subsection (n) of
4-6 Section 19 of this Act, except that the limitation on wages as set
4-7 out in subsection (n)(1) of Section 19 shall not be applicable for
4-8 the purposes of this Section 3; provided that wages which have been
4-9 used to qualify an individual for regular benefits under this Act
4-10 or under any other unemployment compensation law shall not be used
4-11 again to qualify such individual for regular benefits. If an
4-12 employer fails to report wages which were paid to a claimant during
4-13 a base period when requested by the Commission, the Commission may
4-14 establish wage credits for such claimant for such base period on
4-15 the basis of the best information which has been obtained by the
4-16 Commission.
4-17 (f) Equal Treatment: Benefits based on services for all
4-18 employers in employment defined in subsection 19(f) shall be
4-19 payable in the same amount, on the same terms, and subject to the
4-20 same conditions; except that:
4-21 (1) with respect to services in an instructional,
4-22 research, or principal administrative capacity for an educational
4-23 institution, benefits shall not be payable based on those services
4-24 for any week commencing during the period between two (2)
4-25 successive academic years or terms (or, when an agreement provides
5-1 instead for a similar period between two (2) regular but not
5-2 successive terms, during that period) to any individual if the
5-3 individual performs those services in the first of the academic
5-4 years (or terms) and if there is a contract or reasonable assurance
5-5 that the individual will perform services in that capacity for any
5-6 educational institution in the second of the academic years (or
5-7 terms);
5-8 (2) with respect to services in any other capacity for
5-9 an educational institution:
5-10 (A) benefits shall not be payable on the basis
5-11 of those services to any individual for any week which commences
5-12 during a period between two (2) successive academic years or terms
5-13 if the individual performs those services in the first of the
5-14 academic years or terms and there is a reasonable assurance that
5-15 the individual will perform those services in the second of the
5-16 academic years or terms; except that
5-17 (B) if benefits are denied to any individual for
5-18 any week under Paragraph (A) of this subdivision and the individual
5-19 was not offered an opportunity to perform the services for the
5-20 educational institution for the second of the academic years or
5-21 terms, the individual is entitled to a retroactive payment of the
5-22 benefits for each week for which the individual filed a timely
5-23 claim for benefits and for which benefits were denied solely by
5-24 reason of Paragraph (A);
5-25 (3) with respect to any services described in
6-1 Subdivisions (1) and (2), benefits shall be denied to any
6-2 individual for any week which commences during an established and
6-3 customary vacation period or holiday recess if such individual
6-4 performs such services in the period immediately before such
6-5 vacation period or holiday recess and there is a reasonable
6-6 assurance that such individual will perform such services in the
6-7 period immediately following such vacation period or holiday
6-8 recess; and
6-9 (4) with respect to any services described in
6-10 Subdivisions (1) and (2), benefits payable on the basis of those
6-11 services shall be denied as provided by Subdivisions (1), (2), and
6-12 (3) to any individual who performed those services in an
6-13 educational institution while in the employ of an educational
6-14 service agency, which for the purposes of this subdivision means a
6-15 governmental agency or other governmental entity that is
6-16 established and operated exclusively to provide those services to
6-17 one or more educational institutions.
6-18 (g) Athletes: Benefits shall not be payable to any
6-19 individual on the basis of any services, substantially all of which
6-20 consist of participating in sports or athletic events or training
6-21 or preparing to so participate, for any week which commences during
6-22 the period between two (2) successive sport seasons (or similar
6-23 periods) if the individual performed those services in the first of
6-24 the seasons (or similar periods) and there is a reasonable
6-25 assurance that the individual will perform those services in the
7-1 later of the seasons (or similar periods).
7-2 (h) Aliens: Benefits shall not be payable on the basis of
7-3 services performed by an alien unless the alien is an individual
7-4 who was lawfully admitted for permanent residence at the time such
7-5 services were performed, was lawfully present for purposes of
7-6 performing such services, or was permanently residing in the United
7-7 States under color of law at the time such services were performed
7-8 (including an alien who was lawfully present in the United States
7-9 as a result of the application of Section 212(d)(5) of the
7-10 Immigration and Nationality Act), provided that:
7-11 (1) any data or information required of individuals
7-12 applying for benefits to determine whether or not benefits are
7-13 payable to them because of their alien status shall be uniformly
7-14 required from all applicants for benefits; and
7-15 (2) in the case of an individual whose application for
7-16 benefits would otherwise be approved, no determination that
7-17 benefits are not payable to that individual because of his alien
7-18 status may be made except on a preponderance of the evidence.
7-19 Provided that any modifications to the provisions of Section
7-20 3304(a)(14) of the Federal Unemployment Tax Act as provided by
7-21 Public Law 94-566 which specify other conditions or other
7-22 effective date for the denial of benefits based on services
7-23 performed by aliens and which modifications are required to be
7-24 implemented under state law as a condition for full tax credit
7-25 against the tax imposed by the Federal Unemployment Tax Act shall
8-1 be considered applicable under the provisions of this Section.
8-2 (i) Previously Uncovered Services: With respect to weeks of
8-3 unemployment beginning after December 31, 1977, benefit wage
8-4 credits shall include wages for previously uncovered services,
8-5 provided that benefit payments based on those services are
8-6 reimbursable from the federal government in accordance with
8-7 provisions of Public Law 94-566 and provided that no employer's
8-8 account shall be charged with payments based on those benefit wage
8-9 credits either as chargebacks or reimbursements. For the purpose
8-10 of this subsection, the term "previously uncovered services" means
8-11 services which were not employment and which were not services for
8-12 an employer under any provision of this Act at any time during the
8-13 one-year period ending December 31, 1975, and which constitute
8-14 employment and services for an employer after December 31, 1977, in
8-15 accordance with the provisions of Section 19 of this Act as
8-16 services in agricultural labor, domestic services, services for a
8-17 governmental employer, or services for a nonprofit educational
8-18 institution which is not an institution of higher education, except
8-19 to the extent that assistance under Title II of the federal
8-20 Emergency Jobs and Unemployment Assistance Act of 1974 was paid on
8-21 the basis of those services.
8-22 SECTION 2. Section 4, Texas Unemployment Compensation Act
8-23 (Article 5221b-2, Vernon's Texas Civil Statutes) is amended to read
8-24 as follows:
8-25 Section 4. Except as provided by Section 31 of this Act, an
9-1 unemployed individual shall be eligible to receive benefits with
9-2 respect to any benefit period only if the Commission finds that:
9-3 (a) He has registered for work at, and thereafter has
9-4 continued to report at, an employment office in accordance with
9-5 such regulations as the Commission may prescribe;
9-6 (b) He has made a claim for benefits in accordance with the
9-7 provisions of Subsection 6(a) of this Act;
9-8 (c) He is able to work;
9-9 (d) He is available for work;
9-10 (e) He has within his base period received benefit wage
9-11 credits for employment by employers in an amount not less than
9-12 forty (40) <thirty-seven (37)> times his weekly benefit amount and
9-13 has wage credits in at least two (2) calendar quarters in his base
9-14 period provided that any claimant who has had a prior benefit year
9-15 must have earned wages in an amount equal to six (6) times his
9-16 weekly benefit amount or more subsequent to the beginning date of
9-17 the prior benefit year.
9-18 (f) Prior to the first payment of benefits following an
9-19 initial claim he has been totally or partially unemployed for a
9-20 waiting period of seven (7) consecutive days. No week shall be
9-21 counted as a waiting period week for the purposes of this
9-22 Subsection:
9-23 (1) Unless he has registered for work at an employment
9-24 office in accordance with Subsection (a) of this Section;
9-25 (2) Unless it is a week following the filing of an
10-1 initial claim;
10-2 (3) Unless he reports at an office of the Commission
10-3 and certifies that he has met the waiting period requirements
10-4 herein prescribed for the preceding seven (7) days;
10-5 (4) If benefits have been paid or are payable with
10-6 respect thereto;
10-7 (5) If the individual does not meet the eligibility
10-8 conditions of Subsections (c) and (d) of this Section 4;
10-9 (6) If the individual has been disqualified for
10-10 benefits for such seven (7) day period under the provisions of
10-11 Subsections (a), (b), (c), <or> (d), (j) or (k) of Section 5 of
10-12 this Act;
10-13 <(7) Provided, notwithstanding any other provision of
10-14 this Subsection (f), when an individual has been paid benefits in
10-15 his current benefit year equal to three times his weekly benefit
10-16 amount, he shall be eligible to receive benefits on his waiting
10-17 period claim in accordance with the terms of the Act.>
10-18 SECTION 3. Section 5, Texas Unemployment Compensation Act,
10-19 (Article 5221b-3, Vernon's Texas Civil Statutes) is amended to read
10-20 as follows:
10-21 Section 5. An individual shall be disqualified for benefits:
10-22 (a) If the Commission finds that he has left his last work
10-23 voluntarily without good cause connected with his work. The
10-24 disqualification continues until the claimant has returned to
10-25 employment and either worked for six weeks or earned wages equal to
11-1 six times his weekly benefit amount, unless the individual left
11-2 work to move with a spouse from the area in which the individual
11-3 worked. In that case, the disqualification shall be for not less
11-4 than six (6) nor more than twenty-five (25) benefit periods
11-5 following the filing of a valid claim, as determined by the
11-6 Commission according to the circumstances in each case. Provided
11-7 no claimant shall be disqualified because of his or her leaving due
11-8 to medically verified illness of the claimant or the claimant's
11-9 minor child, injury, disability, or pregnancy and is still
11-10 available for work. A medically verified illness of a minor child
11-11 only prevents disqualification under this subsection if there is no
11-12 reasonable alternative care available to the child and the employer
11-13 refused to allow the employee a reasonable amount of time off
11-14 during the illness. Military personnel who do not reenlist may not
11-15 be considered to have left work voluntarily without good cause
11-16 connected with work. An individual who is partially unemployed and
11-17 who resigns that employment to accept other employment that the
11-18 individual reasonably believes will increase the individual's
11-19 weekly wage is not disqualified under this subsection.
11-20 (b) If the Commission finds he has been discharged for
11-21 misconduct connected with his last work. The disqualification
11-22 continues until the claimant has returned to employment and either
11-23 worked for six weeks or earned wages equal to six times his weekly
11-24 benefit amount.
11-25 (c) If the Commission finds that during his current benefit
12-1 year he has failed, without good cause, either to apply for
12-2 available, suitable work when so directed by the Commission or to
12-3 accept suitable work when offered him, or to return to his
12-4 customary self-employment (if any) when so directed by the
12-5 Commission. The disqualification continues until the claimant has
12-6 returned to employment and either worked for six weeks or earned
12-7 wages equal to six times his weekly benefit amount.
12-8 (1) In determining whether or not any work is suitable
12-9 for an individual, the Commission shall consider the degree of risk
12-10 involved to his health, safety and morals at the place of
12-11 performance of his work, his physical fitness and prior training,
12-12 his experience and prior earnings, his length of unemployment and
12-13 prospects for securing local work in his customary occupation, and
12-14 the distance of the available work from his residence.
12-15 (2) Notwithstanding any other provisions of this Act,
12-16 no work shall be deemed suitable and benefits shall not be denied
12-17 under this Act to any otherwise eligible individual for refusing to
12-18 accept new work under any of the following conditions: (a) If the
12-19 position offered is vacant due directly to a strike, lockout, or
12-20 other labor dispute; (b) If the wages, hours, or other conditions
12-21 of the work offered are substantially less favorable to the
12-22 individual than those prevailing for similar work in the locality;
12-23 (c) If as a condition of being employed the individual would be
12-24 required to join a company union or to resign from or refrain from
12-25 joining any bona fide labor organization.
13-1 (d) For any benefit period with respect to which the
13-2 Commission finds that his total or partial unemployment is (i) due
13-3 to the claimant's stoppage of work because of a labor dispute at
13-4 the factory, establishment, or other premises (including a vessel)
13-5 at which he is or was last employed, or (ii) because of a labor
13-6 dispute at another place, either within or without this State,
13-7 which is owned or operated by the same employing unit which owns or
13-8 operates the premises at which he is or was last employed, and
13-9 supplies materials or services necessary to the continued and usual
13-10 operation of the premises at which he is or was last employed;
13-11 provided that this subsection shall not apply if it is shown to the
13-12 satisfaction of the Commission that:
13-13 (1) He is not participating in or financing or
13-14 directly interested in the labor dispute; provided, however, that
13-15 failure or refusal to cross a picket line or refusal for any reason
13-16 during the continuance of such labor dispute to accept and perform
13-17 his available and customary work at the factory, establishment, or
13-18 other premises (including a vessel) where he is or was last
13-19 employed shall be considered as participation and interest in the
13-20 labor dispute; and
13-21 (2) He does not belong to a grade or class of workers
13-22 of which, immediately before the commencement of the labor dispute,
13-23 there were members employed at the premises (including a vessel) at
13-24 which the labor dispute occurs, any of whom are participating in or
13-25 financing or directly interested in the dispute; provided, that if
14-1 in any case separate branches of work which are commonly conducted
14-2 as separate businesses in separate premises are conducted in
14-3 separate departments of the same premises, each such department
14-4 shall, for the purposes of this subsection, be deemed to be a
14-5 separate factory, establishment, or other premises; and where a
14-6 disqualification arises from the employee's failure to meet the
14-7 requirements of this paragraph (2) of this subsection (d) his
14-8 disqualification shall cease if he shall show that he is not, and
14-9 at the time of the labor dispute was not, a member of a labor
14-10 organization which is the same as, represented by, or directly
14-11 affiliated with, or that he, or such organization of which he is a
14-12 member, if any, is not acting in concert or in sympathy with a
14-13 labor organization involved in the labor dispute at the premises at
14-14 which the labor dispute occurred, and he has made an unconditional
14-15 offer to return to work at the premises at which he is or was last
14-16 employed.
14-17 (e) For any benefit period with respect to which he is
14-18 receiving or has received remuneration in the form of:
14-19 (1) Wages in lieu of notice;
14-20 (2) Compensation for temporary partial disability,
14-21 temporary total disability or total and permanent disability under
14-22 the Workmen's Compensation Law of any State or under a similar law
14-23 of the United States;
14-24 (3) Old Age Benefits under Title II of the Social
14-25 Security Act as amended, or similar payments under any Act of
15-1 Congress, or a State Legislature; provided, that if such
15-2 remuneration is less than the benefits which would otherwise be due
15-3 under this Act, he shall be entitled to receive for such benefit
15-4 period, if otherwise eligible, benefits reduced by the amount of
15-5 such remuneration. If any such benefits, payable under this
15-6 subsection, after being reduced by the amount of such remuneration,
15-7 are not an even multiple of One Dollar ($1), they shall be adjusted
15-8 to the next lower <higher> multiple of One Dollar ($1).
15-9 (f) For a benefit period occurring from the date of the sale
15-10 of a business until the date that an individual is employed and is
15-11 eligible for benefits based on the wage credits received through
15-12 the new employment, if:
15-13 (1) the business is a corporation and the individual
15-14 is:
15-15 (A) an officer of the corporation;
15-16 (B) a majority or controlling shareholder in the
15-17 corporation; and
15-18 (C) involved in the sale of the corporation;
15-19 (2) the business is a limited or general partnership
15-20 and the individual is a limited or general partner who is involved
15-21 in the sale of the partnership; or
15-22 (3) the business is a sole proprietorship and the
15-23 individual is the proprietor who sells the business.
15-24 (g) For the duration of any period of unemployment with
15-25 respect to which the Commission finds that such individual has left
16-1 his most recent work for the purpose of attending an established
16-2 educational institution; provided, that this subsection shall not
16-3 apply during a period in which an individual is in training with
16-4 the approval of the Commission.
16-5 (h) For weeks of unemployment beginning after March 31,
16-6 1980, for any benefit period with respect to which the individual
16-7 is receiving a governmental or other pension, retirement or retired
16-8 pay, annuity, or any other similar periodic payment which is based
16-9 on the previous work of the individual and which is reasonably
16-10 attributable to that benefit period; provided that if the
16-11 remuneration is less than the benefits which would otherwise be due
16-12 under this Act, the individual shall be entitled to receive for
16-13 that benefit period, if otherwise eligible, benefits reduced by the
16-14 amount of the remuneration. If those benefits payable under this
16-15 subsection, after being reduced by the amount of the remuneration,
16-16 are not an even multiple of One Dollar ($1), they shall be adjusted
16-17 to the next lower <higher> multiple of One Dollar ($1).
16-18 The Legislature declares that the preceding paragraph is
16-19 enacted because Section 3304(a)(15) of the Federal Unemployment Tax
16-20 Act as provided in Public Law 94-566 requires this provision in
16-21 State law as of January 1, 1978, as a condition for full tax credit
16-22 against the tax imposed by the Federal Unemployment Tax Act; and it
16-23 further declares that if Section 3304(a)(15) is amended to provide
16-24 modifications of these requirements, the modified requirements, to
16-25 the extent that they are required for full tax credit, shall be
17-1 considered applicable under the provisions of this Section rather
17-2 than the provision stated in the preceding paragraph.
17-3 (i) This Section does not disqualify a claimant whose
17-4 work-related reason for separation from employment was urgent,
17-5 compelling, and of a necessitous nature so as to make separation
17-6 involuntary.
17-7 (j) If the Commission finds that he has left his last work
17-8 voluntarily rather than provide services included within the course
17-9 and scope of his employment to an individual infected with a
17-10 communicable disease. The disqualification continues until the
17-11 claimant has returned to employment and either worked for six weeks
17-12 or earned wages equal to six times the claimant's weekly benefit
17-13 amount. A claimant is not disqualified under this subsection
17-14 unless the individual or organization for whom the claimant last
17-15 worked made available to the claimant the facilities, equipment,
17-16 training, and supplies necessary to permit the claimant to take
17-17 reasonable precautions to preclude the infection of the claimant
17-18 with the communicable disease.
17-19 (k) If the Commission finds that he has been discharged from
17-20 his last work based on a refusal by him to provide services
17-21 included within the course and scope of his employment to an
17-22 individual infected with a communicable disease. The
17-23 disqualification continues until the claimant has returned to
17-24 employment and either worked for six weeks or earned wages equal to
17-25 six times the claimant's weekly benefit amount. A claimant is not
18-1 disqualified under this subsection unless the individual or
18-2 organization for whom the claimant last worked made available to
18-3 the claimant the facilities, equipment, training, and supplies
18-4 necessary to preclude the infection of the claimant with the
18-5 communicable disease.
18-6 SECTION 4. Section 6-A, Texas Unemployment Compensation Act
18-7 (Article 5221b-4-A, Vernon's Texas Civil Statutes) is amended to
18-8 read as follows:
18-9 Section 6-A. (a) Definitions: As used in this Section,
18-10 unless the context clearly requires otherwise:
18-11 (1) "Extended benefit period" means a period which:
18-12 (A) begins with the third (3rd) week after a
18-13 week for which there is a State "on" indicator; and
18-14 (B) ends with either of the following weeks,
18-15 whichever occurs last:
18-16 (i) the third (3rd) week after the first
18-17 (1st) week for which there is a State "off" indicator, or
18-18 (ii) the thirteenth (13th) consecutive
18-19 week of such period;
18-20 Provided, that no extended benefit period may begin by reason
18-21 of a State "on" indicator before the fourteenth (14th) week
18-22 following the end of a prior extended benefit period which was in
18-23 effect with respect to this State.
18-24 (2) There is a State "on" indicator for this State for
18-25 a week if the Commission determines, in accordance with the
19-1 regulations of the United States Secretary of Labor, that, for the
19-2 period consisting of such week and the immediately preceding twelve
19-3 (12) weeks, the rate of insured unemployment (not seasonally
19-4 adjusted) under this Act:
19-5 (A) equaled or exceeded one hundred and twenty
19-6 percent (120%) of the average of such rates for the corresponding
19-7 13-week period ending in each of the preceding two (2) calendar
19-8 years, and
19-9 (B) equaled or exceeded five percent (5%) or,
19-10 <.>
19-11 (C) with respect to benefits for weeks of
19-12 unemployment after March 6, 1993,
19-13 (i) the average rate of total unemployment
19-14 (seasonally adjusted), as determined by the United States Secretary
19-15 of Labor, for the period consisting of the most recent 3 months for
19-16 which data for all States are published before the close of such
19-17 week equals or exceeds 6.5 percent, and
19-18 (ii) the average rate of total
19-19 unemployment in the State (seasonally adjusted), as determined by
19-20 the United States Secretary of Labor, for the 3-month period
19-21 referred to in clause (i), equals or exceeds 110 percent of such
19-22 average for either or both of the corresponding 3-month periods
19-23 ending in the 2 preceding calendar years.
19-24 (3) There is a State "off" indicator for this State
19-25 for a week if the Commission determines, in accordance with the
20-1 regulations of the United States Secretary of Labor, that, for the
20-2 period consisting of such week and the immediately preceding twelve
20-3 (12) weeks, none of the options specified in subdivision (2) result
20-4 in an "on" indicator <either paragraph (A) or (B) of subdivision
20-5 (2) is not satisfied>. Provided that the determination of whether
20-6 there has been a State "on" or "off" indicator beginning or ending
20-7 any extended benefit period shall be made under this section as if
20-8 subdivision (2) did not contain paragraph (A) thereof, and as if
20-9 the figure "five" (5) contained in paragraph (B) thereof were "six"
20-10 (6); except that, notwithstanding any other provision of this
20-11 Section, any week for which there would otherwise be a State "on"
20-12 indicator shall continue to be such a week and shall not be
20-13 determined to be a week for which there is a State "off" indicator.
20-14 (4) "Rate of insured unemployment," for purposes of
20-15 paragraphs (2) and (3) of this subsection, means the percentage
20-16 derived by dividing:
20-17 (A) the average weekly number of individuals
20-18 filing claims for regular compensation in this State for weeks of
20-19 unemployment with respect to the most recent 13-consecutive-week
20-20 period, as determined by the Commission on the basis of the
20-21 Commission's reports to the United States Secretary of Labor, by
20-22 (B) the average monthly employment covered under
20-23 this Act for the first four (4) of the most recent six (6)
20-24 completed calendar quarters ending before the end of such 13-week
20-25 period.
21-1 (5) "Regular benefits" means benefits payable to an
21-2 individual under this Act or under any other state law (including
21-3 benefits payable to federal civilian employees and ex-servicemen
21-4 pursuant to 5 U.S.C. Chapter 85) other than extended benefits.
21-5 (6) "Extended benefits" means benefits (including
21-6 benefits payable to federal civilian employees and to ex-servicemen
21-7 pursuant to 5 U.S.C. Chapter 85) payable to an individual under the
21-8 provisions of this Section for benefit periods of unemployment in
21-9 his eligibility period.
21-10 (7) "Eligibility period" of an individual means the
21-11 period consisting of the benefit periods in his benefit year which
21-12 begin in an extended benefit period and, if his benefit year ends
21-13 within such extended benefit period, any benefit periods thereafter
21-14 which begin in such period.
21-15 (8) "Exhaustee" means an individual who, with respect
21-16 to any benefit period of unemployment in his eligibility period:
21-17 (A) has received, prior to such benefit period,
21-18 all of the regular benefits that were available to him under this
21-19 Act or any other state law (including dependents' allowances and
21-20 benefits payable to federal civilian employees and ex-servicemen
21-21 under 5 U.S.C. Chapter 85) in his current benefit year that
21-22 includes such benefit period;
21-23 Provided, that, for the purposes of this subparagraph, an
21-24 individual shall be deemed to have received all of the regular
21-25 benefits that were available to him although, as a result of a
22-1 pending appeal with respect to wage credits that were not
22-2 considered in the original monetary determination in his benefit
22-3 year, he may subsequently be determined to be entitled to added
22-4 regular benefits, or
22-5 (B) had a benefit year that expired prior to
22-6 such benefit period and has no, or insufficient, wage credits on
22-7 the basis of which he could establish a new benefit year that would
22-8 include such benefit period; and
22-9 (C)(i) has no right to unemployment benefits or
22-10 allowances, as the case may be, under the Railroad Unemployment
22-11 Insurance Act, the Trade Expansion Act of 1962, the Automotive
22-12 Products Trade Act of 1965, or such other federal laws as are
22-13 specified in regulations issued by the United States Secretary of
22-14 Labor, and
22-15 (ii) has not received and is not seeking
22-16 unemployment benefits under the unemployment compensation law of
22-17 Canada; but if he is seeking such benefits and the appropriate
22-18 agency finally determines that he is not entitled to benefits under
22-19 such law, he is considered an exhaustee.
22-20 (9) "State Law" means the unemployment compensation
22-21 law of any state that is approved by the United States Secretary of
22-22 Labor under Section 3304 of the Internal Revenue Code of 1954.
22-23 (b) Effect of State Law Provisions Relating to Regular
22-24 Benefits on Claims for, and the Payment of, Extended Benefits: The
22-25 provisions of this Act, and the rules or regulations of the
23-1 Commission which apply to claims for, and the payment of, regular
23-2 benefits shall apply to claims for, and the payment of, extended
23-3 benefits except when the result would be inconsistent with the
23-4 other provisions of this Section.
23-5 (c) Eligibility Requirements for Extended Benefits: An
23-6 individual shall be eligible to receive extended benefits with
23-7 respect to any benefit period of unemployment in his eligibility
23-8 period only if the Commission finds that with respect to such
23-9 benefit period:
23-10 (1) he is an "exhaustee" as defined in subsection
23-11 (a)(10)1 of this Section, and
23-12 (2) he satisfies the requirements of this Act for the
23-13 receipt of regular benefits that are applicable to individuals
23-14 claiming extended benefits, including not being subject to a
23-15 disqualification for the receipt of benefits.
23-16 (d) Weekly Extended Benefit Amount: The weekly extended
23-17 benefit amount payable to an individual for a week of total
23-18 unemployment in his eligibility period shall be an amount equal to
23-19 the weekly benefit amount payable to him during his applicable
23-20 benefit year.
23-21 (e) Total Extended Benefit Amount: The total extended
23-22 benefit amount payable to any eligible individual with respect to
23-23 his applicable benefit year shall be the least of the following
23-24 amounts:
23-25 (1) fifty percent (50%) of the total amount of regular
24-1 benefits which were payable to him under this Act in his applicable
24-2 benefit year;<.>or
24-3 (2) thirteen times his weekly benefit amount which was
24-4 payable to him under this Act for a week of total unemployment in
24-5 the applicable benefit year.
24-6 (3)(A) Effective with respect to weeks beginning in a
24-7 high unemployment period, paragraph (1) shall be applied by
24-8 substituting
24-9 (i) "eighty percent" for "fifty percent"
24-10 in subdivision (1), and
24-11 (ii) "twenty" for "thirteen" in
24-12 subdivision (2).
24-13 (B) For purposes of subdivision (1), the term
24-14 "high unemployment period means any period during which an extended
24-15 benefit period would be in effect if clause (a)(2)(C)(i) were
24-16 applied by substituting "8 percent" for "6.5".
24-17 (f)(1) Beginning and termination of extended benefit period:
24-18 Whenever an extended benefit period is to become effective in this
24-19 State (or in all states) as a result of a State or a national "on"
24-20 indicator, or an extended benefit period is to be terminated in
24-21 this State as a result of State and national "off" indicators, the
24-22 Commission shall make a public announcement thereof in accordance
24-23 with rules prescribed by the Commission.
24-24 (2) Computations required by the provisions of
24-25 subsection (a)(6)2 of this Section shall be made by the Commission
25-1 in accordance with regulations prescribed by the United States
25-2 Secretary of Labor.
25-3 (g) Financing:
25-4 (1) Extended benefits shall be paid from the
25-5 Unemployment Compensation Fund.
25-6 (2) Payments made by the Federal Government for its
25-7 share of extended benefits shall be deposited into the Unemployment
25-8 Compensation Fund.
25-9 (3) Fifty percent (50%) of the extended benefit
25-10 payments based on wage credits from a reimbursing employer shall be
25-11 charged to the account of such employer and reimbursed by such
25-12 employer in the same manner as regular benefit payments, and such
25-13 payments shall not be used in determining the replenishment ratio
25-14 provided for in subsection 7(c)(5) of this Act.
25-15 (4) Fifty percent (50%) of extended benefit payments
25-16 based on wage credits from a taxed employer shall be deemed
25-17 chargebacks and charged to the account of such employer and used in
25-18 determining the benefit ratio of such employer unless it was
25-19 determined that chargebacks were not to be made against the account
25-20 of the employer when regular benefits with respect to an individual
25-21 were paid. Fifty percent (50%) of extended benefit payments based
25-22 on wage credits from a taxed employer (whether or not charged to an
25-23 employer) shall be used in computing the replenishment ratio and
25-24 the replenishment tax as provided in Section 7 of this Act <the
25-25 numerator of the replenishment ratio. Chargebacks resulting from
26-1 the payment of extended benefits shall be used in the denominator
26-2 of the replenishment ratio>.
26-3 (5) When a taxed base period employer is notified of a
26-4 claim for benefits under subsection 7(c)(2) of this Act, such
26-5 notice shall state that if the claim results in the payment of
26-6 extended benefits, the maximum potential chargeback may be
26-7 increased by as much as twenty-five percent (25%). No further
26-8 notice of potential chargeback regarding extended benefit payments
26-9 need be given to a taxed base period employer when the extended
26-10 benefits are paid.
26-11 (6) Notwithstanding any other provision in this Act,
26-12 with respect to weeks of unemployment beginning after December 31,
26-13 1978, extended benefit payments based on benefit wage credits
26-14 earned from a state, or any political subdivision thereof, or any
26-15 instrumentality of any one (1) or more of the foregoing which is
26-16 wholly owned by one (1) or more states or political subdivisions
26-17 shall be charged to the employer at the rate of one hundred per
26-18 cent (100%) rather than at the rate of fifty per cent (50%) as
26-19 provided for other employers under this Act, and any such employer
26-20 which is a taxed employer shall receive notice that its maximum
26-21 potential chargeback may be increased by as much as fifty per cent
26-22 (50%) rather than twenty-five per cent (25%) as provided for other
26-23 employers.
26-24 (h)(1) Notwithstanding the provisions of Subsection (b) of
26-25 this section, an individual shall be ineligible for payment of
27-1 extended benefits for any week of unemployment in his eligibility
27-2 period if the commission finds that during such period:
27-3 (A) he failed to accept any offer of suitable
27-4 work as defined under Subdivision (3) of this subsection or failed
27-5 to apply for any suitable work to which he was referred by the
27-6 commission; or
27-7 (B) he failed to engage actively in seeking work
27-8 as prescribed under Subdivision (5) of this subsection.
27-9 (2) Any individual who has been found ineligible for
27-10 extended benefits by reason of the provisions of Subdivision (1) of
27-11 this subsection shall also be denied benefits beginning with the
27-12 first day of the week following the week in which such failure
27-13 occurred and until he has been employed in each of four subsequent
27-14 weeks, whether or not consecutive, and has earned remuneration
27-15 equal to not less than four times the extended weekly benefit
27-16 amount;
27-17 (3) For purposes of this Subsection (h), the term
27-18 "suitable work" means, with respect to any individual, any work
27-19 which
27-20 (A) is within such individual's capabilities;
27-21 provided, however, that the gross average weekly remuneration
27-22 payable for the work must exceed the sum of:
27-23 (i) the individual's weekly extended
27-24 benefit amount as determined under Subsection (d) of this section
27-25 plus
28-1 (ii) the amount, if any, of supplemental
28-2 unemployment compensation benefits, as defined in Section
28-3 501(c)(17)(D) of the Internal Revenue Code of 1954, payable to such
28-4 individual for such week; and further,
28-5 (B) pays wages not less than the higher of
28-6 (i) the minimum wage provided by Section
28-7 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.A.
28-8 Section 206), without regard to any exemption; or
28-9 (ii) the applicable state or local minimum
28-10 wage.
28-11 (C) Provided, however, that no individual shall
28-12 be denied extended benefits for failure to accept an offer of or
28-13 apply for any job which meets the definition of suitability as
28-14 described above if:
28-15 (i) the position was not offered to such
28-16 individual in writing and was not listed with the employment
28-17 service;
28-18 (ii) such failure could not result in a
28-19 denial of benefits under the definition of suitable work for
28-20 regular benefit claimants in Section 5(c) of this Act, as amended
28-21 (Article 5221b-3, Vernon's Texas Civil Statutes), to the extent
28-22 that the criteria of suitability in that section are not
28-23 inconsistent with the provisions of this Subdivision (3);
28-24 (iii) the individual furnishes
28-25 satisfactory evidence to the commissioner that his or her prospects
29-1 for obtaining work in his or her customary occupation within a
29-2 reasonably short period are good. If such evidence is deemed
29-3 satisfactory for this purpose, the determination of whether any
29-4 work is suitable with respect to such individual shall be made in
29-5 accordance with the definition of suitable work for regular benefit
29-6 claimants in Section 5(c) of this Act without regard to the
29-7 definition specified by this Subdivision (3).
29-8 (4) Notwithstanding the provisions of Subsection (b)
29-9 to the contrary, no work shall be deemed to be suitable work for an
29-10 individual which does not accord with the labor standard provisions
29-11 required by Section 3304(a)(5) of the Internal Revenue Code of
29-12 1954.
29-13 (5) For the purposes of Paragraph (B) of Subdivision
29-14 (1) of this subsection, an individual shall be treated as actively
29-15 engaged in seeking work during any week if
29-16 (A) the individual has engaged in a systematic
29-17 and sustained effort to obtain work during such week, and
29-18 (B) the individual furnishes tangible evidence
29-19 that he has engaged in such effort during such week.
29-20 (6) The employment service shall refer any claimant
29-21 entitled to extended benefits under this Act to any suitable work
29-22 which meets the criteria prescribed in Subdivision (3) of this
29-23 subsection.
29-24 (7) An individual shall not be eligible to receive
29-25 extended benefits with respect to any week of unemployment in his
30-1 eligibility period if such individual has been disqualified for
30-2 regular or extended benefits under this Act because he or she
30-3 voluntarily left work, was discharged for misconduct, or failed to
30-4 accept an offer of or apply for suitable work unless the
30-5 disqualification imposed for such reasons has been terminated in
30-6 accordance with specific conditions established under this Act
30-7 requiring the individual to perform service for remuneration
30-8 subsequent to the date of such disqualification.
30-9 (8) Provided that this subsection (h) shall not apply
30-10 to weeks of unemployment beginning after March 6, 1993, and before
30-11 January 1, 1995.
30-12 (i) Notwithstanding any other provision of this Act, if the
30-13 benefit year of any individual ends within an extended benefit
30-14 period, the remaining balance of extended benefits that the
30-15 individual would, but for this section, be entitled to receive in
30-16 that extended benefit period, with respect to weeks of unemployment
30-17 beginning after the end of the benefit year, shall be reduced (but
30-18 not below zero) by the product of the number of weeks for which the
30-19 individual received any amounts as trade readjustment allowances
30-20 under the Trade Act of 1974 (Pub. L. 93-618) within that benefit
30-21 year, multiplied by the individual's weekly benefit amount for
30-22 extended benefits.
30-23 (j)(1) Cessation of Extended Benefits When Paid Under an
30-24 Interstate Claim in a State Where Extended Benefit Period Is Not in
30-25 Effect: Except as provided by Subdivision (2) of this subsection,
31-1 an individual is not eligible for extended benefits for any week
31-2 if:
31-3 (A) extended benefits are payable for the week
31-4 under an interstate claim filed in any state under an interstate
31-5 benefit payment plan; and
31-6 (B) no extended benefit period is in effect for
31-7 the week in that state.
31-8 (2) Subdivision (1) of this subsection does not apply
31-9 with respect to the first two weeks for which extended benefits are
31-10 payable determined without regard to this subsection under an
31-11 interstate claim filed under an interstate benefit payment plan to
31-12 the individual from the extended benefit account established for
31-13 the individual with respect to the benefit year.
31-14 SECTION 5. This Act takes effect January 1, 1994.
31-15 SECTION 6. The importance of this legislation and the
31-16 crowded condition of the calendars in both houses create an
31-17 emergency and an imperative public necessity that the
31-18 constitutional rule requiring bills to be read on three several
31-19 days in each house be suspended, and this rule is hereby suspended.