By McCall                                       H.B. No. 1044

      75R2288 PB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a disqualification for unemployment benefits for

 1-3     claimants who have received certain post-termination payments.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 207.049, Labor Code, is amended to read

 1-6     as  follows:

 1-7           Sec. 207.049.  RECEIPT OF REMUNERATION.  (a)  An individual

 1-8     is disqualified for benefits for a benefit period for which the

 1-9     individual is receiving or has received remuneration in the form

1-10     of:

1-11                 (1)  wages in lieu of notice; [or]

1-12                 (2)  compensation under a state worker's compensation

1-13     law or a similar law of the United States for:

1-14                       (A)  temporary partial disability;

1-15                       (B)  temporary total disability; or

1-16                       (C)  total and permanent disability;

1-17                 (3)  severance or other separation pay; or

1-18                 (4)  payments of accrued vacation leave, sick leave, or

1-19     other personal leave.

1-20           (b)  Notwithstanding Subsection (a), if the remuneration

1-21     received by an individual under Subsection (a)(1), (3), or (4) is

1-22     less than the benefits that the individual would otherwise be

1-23     eligible to receive, the individual is entitled to receive benefits

1-24     for the benefit period that are reduced by the amount of the

 2-1     remuneration, adjusted as provided by Section 207.006.

 2-2           SECTION 2.  This Act takes effect September 1, 1997, and

 2-3     applies only to a claim for unemployment compensation that is filed

 2-4     with the Texas Workforce Commission on or after that date.  A

 2-5     claim filed before that date is governed by the law in effect on

 2-6     the date that the claim was filed, and the former law is continued

 2-7     in effect for that purpose.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.