1-1 By: Truan, West S.B. No. 215
1-2 (In the Senate - Filed January 12, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Economic Development;
1-4 February 8, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0;
1-6 February 8, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 215 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the establishment of a self-employment assistance
1-11 program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
1-14 adding Chapter 303 to read as follows:
1-15 CHAPTER 303. SELF-EMPLOYMENT ASSISTANCE PROGRAM
1-16 Sec. 303.001. DEFINITIONS. In this chapter:
1-17 (1) "Commission" means the Texas Employment
1-18 Commission.
1-19 (2) "Regular benefits" means benefits payable under
1-20 Subtitle A and benefits payable to federal civilian employees and
1-21 former members of the United States Armed Forces under 5 U.S.C.
1-22 Chapter 85. The term does not include additional or extended
1-23 benefits.
1-24 (3) "Self-employment assistance activities" means
1-25 activities approved by the commission, including entrepreneurial
1-26 training, business counseling, and technical assistance, in which
1-27 an individual identified under this chapter participates for the
1-28 purpose of establishing a business and becoming self-employed.
1-29 (4) "Self-employment assistance allowance" means an
1-30 allowance payable under this chapter to an individual participating
1-31 in self-employment assistance activities.
1-32 Sec. 303.002. ELIGIBILITY FOR SELF-EMPLOYMENT ASSISTANCE
1-33 ALLOWANCE. (a) An individual is eligible to receive a
1-34 self-employment assistance allowance if the individual:
1-35 (1) is eligible to receive regular benefits or would
1-36 be eligible to receive regular benefits but for a disqualification
1-37 otherwise applicable under Section 207.021(a)(4) or Section
1-38 207.047(a);
1-39 (2) is identified by a profiling system established by
1-40 the commission as an individual likely to exhaust regular benefits;
1-41 (3) applies to participate in a program of
1-42 self-employment assistance activities not later than the 60th day
1-43 after the date the individual initially applied for regular
1-44 benefits and provides the information required by the commission
1-45 for that participation; and
1-46 (4) has, on the date of application under Subdivision
1-47 (3):
1-48 (A) a balance of regular benefits equal to not
1-49 less than 18 times the individual's weekly benefit amount; and
1-50 (B) not less than 18 weeks remaining in the
1-51 individual's benefit year.
1-52 (b) The commission shall pay a self-employment assistance
1-53 allowance, subject to the limitation imposed under Section 303.005,
1-54 to an eligible individual who:
1-55 (1) has been accepted into a program approved by the
1-56 commission that provides self-employment assistance activities;
1-57 (2) is participating in self-employment assistance
1-58 activities;
1-59 (3) is actively engaged on a full-time basis in
1-60 activities, which may include training, related to establishing a
1-61 business and becoming self-employed;
1-62 (4) files a weekly claim with the commission for the
1-63 self-employment assistance allowance; and
1-64 (5) provides information required by the commission,
1-65 including a log of self-employment activities in which the
1-66 individual has participated.
1-67 (c) Except as otherwise provided by this section, a
1-68 self-employment assistance allowance is payable to an individual at
2-1 the same interval and is subject to the same terms and conditions
2-2 as regular benefits.
2-3 (d) Income from self-employment earned by an individual is
2-4 not required to be reported and may not be considered by the
2-5 commission for the purposes of Section 207.003.
2-6 (e) An individual who meets the requirements of this section
2-7 is unemployed for the purposes of Subtitle A.
2-8 Sec. 303.003. DISQUALIFICATION. An individual who fails to
2-9 participate in self-employment assistance activities or who fails
2-10 to actively engage on a full-time basis in activities, including
2-11 training, related to establishing a business and becoming
2-12 self-employed is disqualified from the self-employment assistance
2-13 allowance for the benefit period during which the disqualification
2-14 occurs.
2-15 Sec. 303.004. AMOUNT OF SELF-EMPLOYMENT ASSISTANCE
2-16 ALLOWANCE. (a) The weekly amount payable under this chapter to an
2-17 eligible individual is equal to the weekly benefit amount for
2-18 regular benefits otherwise payable to the individual under Section
2-19 207.002.
2-20 (b) The total of the allowance paid under this section and
2-21 the regular benefits paid under Subtitle A with respect to an
2-22 individual's benefit year may not exceed the maximum amount
2-23 established under Section 207.005.
2-24 Sec. 303.005. LIMITATION ON SCOPE OF PROGRAM. (a) The
2-25 number of individuals who receive a self-employment assistance
2-26 allowance under this chapter at any time may not exceed five
2-27 percent of the total number of individuals receiving regular
2-28 benefits under Subtitle A.
2-29 (b) The commission shall adopt rules as necessary to enforce
2-30 this section.
2-31 Sec. 303.006. PROGRAM FINANCING. Self-employment assistance
2-32 allowances paid under this chapter shall be charged to employers in
2-33 the same manner provided under Subtitle A for the charging of
2-34 regular benefits.
2-35 Sec. 303.007. RULES; COMMISSION DUTIES. (a) The commission
2-36 may adopt rules to implement this chapter, including rules relating
2-37 to:
2-38 (1) criteria for the approval of programs that provide
2-39 self-employment assistance activities;
2-40 (2) eligibility for acceptance in and standards for
2-41 participation in a program; and
2-42 (3) the review and appeal process for a determination
2-43 of individual eligibility for a self-employment assistance
2-44 allowance.
2-45 (b) The commission shall develop a profiling system to
2-46 identify individuals likely to exhaust regular benefits who may be
2-47 eligible to participate in a program of self-employment assistance
2-48 activities under this chapter.
2-49 Sec. 303.008. PROGRAM APPROVAL. In approving a program that
2-50 provides self-employment assistance activities, the commission
2-51 shall attempt to identify and give priority treatment to existing
2-52 training programs.
2-53 SECTION 2. (a) This Act takes effect September 1, 1995, and
2-54 applies only to weeks beginning after that date or weeks beginning
2-55 after the date the United States Department of Labor approves a
2-56 plan required by that department, whichever date is later.
2-57 (b) This Act expires at the end of the week preceding the
2-58 date federal law no longer authorizes a self-employment assistance
2-59 program, unless that date is a Saturday, in which case this Act
2-60 expires on that date.
2-61 SECTION 3. The importance of this legislation and the
2-62 crowded condition of the calendars in both houses create an
2-63 emergency and an imperative public necessity that the
2-64 constitutional rule requiring bills to be read on three several
2-65 days in each house be suspended, and this rule is hereby suspended.
2-66 * * * * *