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.