By Deshotel                                           H.B. No. 1597
         76R5925 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to computation of the maximum and minimum benefit amounts
 1-3     for total unemployment under the unemployment compensation system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 207.002, Labor Code, is amended to read
 1-6     as follows:
 1-7           Sec. 207.002.  BENEFITS FOR TOTAL UNEMPLOYMENT.  (a)  An
 1-8     eligible individual who is totally unemployed in a benefit period
 1-9     is entitled to benefits for the benefit period at the rate of  1/25
1-10     of the wages received by the individual from employment by
1-11     employers during that quarter in the individual's base period in
1-12     which wages were highest.  The rate of benefits paid under this
1-13     section may not be more than the maximum weekly benefit amount
1-14     computed under Subsection (b) [$84] or less than the minimum weekly
1-15     benefit amount computed under Subsection (b) [$15] for each benefit
1-16     period.
1-17           (b)  The [For each complete increment of $10 by which the
1-18     annual average of the manufacturing production workers' average
1-19     weekly wage in this state exceeds the 1976 average weekly wage for
1-20     those workers, as determined by the commission and published in its
1-21     report, "The Average Weekly Wage," the] maximum weekly benefit
1-22     amount [established in Subsection (a)] is 52 percent of the average
1-23     weekly wage in covered employment in this state.  The [increased by
1-24     $7 and the] minimum weekly benefit amount [established in
 2-1     Subsection (a)] is seven percent of the average weekly wage in
 2-2     covered employment in this state [increased by $1].
 2-3           (c)  The commission shall determine the average weekly wage
 2-4     in covered employment and compute the maximum and minimum weekly
 2-5     benefit amount not later than [for a claim filed on or after]
 2-6     October 1 of each year by using the preceding quarterly report on
 2-7     employment, wages, and contributions prepared by the commission as
 2-8     required by federal law (ES 202 report)[, 1989, without
 2-9     consideration of any increase in the average weekly wage for
2-10     manufacturing workers in this state for the years 1986 and 1987].
2-11     If a benefit amount computed under this subsection is not a
2-12     multiple of $1, the commission shall increase the amount to the
2-13     next multiple of $1.
2-14           (d)  An increase in maximum and minimum benefit amounts under
2-15     this section takes effect on October 1 [following publication of
2-16     "The Average Weekly Wage" report].
2-17           (e)  The maximum benefit amount payable to an individual for
2-18     a benefit period under this section on the effective date of a
2-19     valid claim is the maximum benefit amount payable to that
2-20     individual until the individual establishes a new benefit year.
2-21           (f)  In this section, "wages" has the meaning assigned in
2-22     Subchapter F, Chapter 201, except that the limitation of wages
2-23     provided in Section 201.082(1) does not apply.
2-24           SECTION 2.  This Act takes effect September 1, 1999, and
2-25     applies only to a computation of a benefit amount for total
2-26     unemployment that is made by the Texas Workforce Commission on or
2-27     after October 1, 1999.  A benefit amount computed before October 1,
 3-1     1999, is governed by the law in effect on the date that the benefit
 3-2     amount was computed, and the former law is continued in effect for
 3-3     that purpose.
 3-4           SECTION 3.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended.