1-1 By: Jackson S.B. No. 394
1-2 (In the Senate - Filed February 3, 1999; February 8, 1999,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 4, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 4, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 394 By: Jackson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a disqualification for unemployment benefits for
1-11 claimants who have received certain post-termination payments.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 207.049, Labor Code, is amended to
1-14 read as follows:
1-15 Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual
1-16 is disqualified for benefits for a benefit period for which the
1-17 individual is receiving or has received remuneration in the form
1-18 of:
1-19 (1) wages in lieu of notice; [or]
1-20 (2) compensation under a state worker's compensation
1-21 law or a similar law of the United States for:
1-22 (A) temporary partial disability;
1-23 (B) temporary total disability; or
1-24 (C) total and permanent disability; or
1-25 (3) severance pay, except severance pay that is
1-26 explicitly outlined in a group employment contract.
1-27 (b) Notwithstanding Subsection (a), if the remuneration
1-28 received by an individual under Subsection (a)(1) or (3) is less
1-29 than the benefits that the individual would otherwise be eligible
1-30 to receive, the individual is entitled to receive benefits for the
1-31 benefit period that are reduced by the amount of the remuneration,
1-32 adjusted as provided by Section 207.006.
1-33 SECTION 2. This Act takes effect September 1, 1999, and
1-34 applies only to a claim for unemployment compensation that is filed
1-35 with the Texas Workforce Commission on or after that date. A claim
1-36 filed before that date is governed by the law in effect on the date
1-37 that the claim was filed, and the former law is continued in effect
1-38 for that purpose.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *