By: Nixon S.B. No. 216
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disqualification for the receipt of unemployment
1-2 compensation benefits of an individual receiving certain
1-3 remuneration.
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; or
1-17 (3) severance pay, except severance pay that is
1-18 explicitly outlined in a group employment contract.
1-19 (b) Notwithstanding Subsection (a), if the remuneration
1-20 received by an individual under Subsection (a)(1) or (a)(3) is less
1-21 than the benefits that the individual would otherwise be eligible
1-22 to receive, the individual is entitled to receive benefits for the
1-23 benefit period that are reduced by the amount of the remuneration,
2-1 adjusted as provided by Section 207.006.
2-2 (c) It is the intent of the legislature that a
2-3 disqualification imposed under this section shall have only the
2-4 effect of delaying the time that a claimant may begin drawing
2-5 benefits to which the claimant is otherwise entitled and that the
2-6 disqualification in no way reduces the maximum benefit amount
2-7 determined on the basis of the wage credits earned by the claimant
2-8 during the base period of the claim in question.
2-9 SECTION 2. This Act applies only to benefit eligibility for
2-10 an unemployment compensation claim that is filed with the Texas
2-11 Workforce Commission on or after the effective date of this Act. A
2-12 claim filed before the effective date of this Act is governed by
2-13 the law in effect on the date that the claim was filed, and the
2-14 former law is continued in effect for that purpose.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended,
2-20 and that this Act take effect and be in force from and after its
2-21 passage, and it is so enacted.