By Hochberg H.B. No. 634 76R3246 CMR-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the payment of workers' compensation benefits to 1-3 certain claimants with multiple employment. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter C, Chapter 408, Labor Code, is amended 1-6 by adding Section 408.0445 to read as follows: 1-7 Sec. 408.0445. AVERAGE WEEKLY WAGE FOR EMPLOYEE WITH 1-8 MULTIPLE EMPLOYMENT. (a) In this section, "employee with multiple 1-9 employment" means an employee who, at the time of the injury, 1-10 earned wages from more than one employer. 1-11 (b) For determining the amount of temporary income benefits, 1-12 impairment income benefits, supplemental income benefits, lifetime 1-13 income benefits, or death benefits of an employee with multiple 1-14 employment, the average weekly wage of the employee is computed by 1-15 dividing the amount of total wages earned by the employee during 1-16 the 12 months immediately preceding the date of the injury by 50. 1-17 (c) If, for good reason, the commission determines that 1-18 computing the average weekly wage for an employee with multiple 1-19 employment as provided by this section is impractical, the 1-20 commission shall compute the average weekly wage as of the time of 1-21 the injury in a manner that is fair and just to both parties. 1-22 SECTION 2. This Act takes effect September 1, 1999, and 1-23 applies only to unemployment compensation benefits based on a claim 1-24 filed with the Texas Workforce Commission on or after that date. 2-1 A claim filed before that date is governed by the law in effect on 2-2 the date that the claim was filed, and the former law is continued 2-3 in effect for that purpose. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.