By Ellis S.B. No. 1715
76R2085 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of an alternative base period for
1-3 computation of unemployment compensation benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 201.011, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 201.011. GENERAL DEFINITIONS. In this subtitle:
1-8 (1) ["Base period" means:]
1-9 [(A) the four consecutive completed calendar
1-10 quarters, prescribed by the commission, in the five consecutive
1-11 completed calendar quarters preceding the first day of an
1-12 individual's benefit year; or]
1-13 [(B) for an individual precluded because of a
1-14 medically verifiable injury or illness from working during a major
1-15 part of a calendar quarter of the period that would otherwise be
1-16 the individual's base period under Paragraph (A), the first four
1-17 calendar quarters of the five consecutive calendar quarters
1-18 preceding the calendar quarter in which the illness began or the
1-19 injury occurred if the individual files an initial claim for
1-20 benefits not later than 24 months after the date on which the
1-21 individual's injury or illness began or occurred.]
1-22 [(2)] "Benefit" means the money payable under this
1-23 subtitle to an individual because of the individual's unemployment.
1-24 (2) [(3)] "Benefit amount" means benefits an
2-1 individual is entitled to receive for one benefit period of total
2-2 unemployment.
2-3 (3) [(4)] "Benefit period" means the seven consecutive
2-4 calendar days ending at midnight on Saturday and is the period for
2-5 which entitlement to benefits is determined.
2-6 (4) [(5)] "Benefit year" means the 52 consecutive
2-7 calendar weeks beginning with the week for which an individual
2-8 files a valid initial claim for benefits.
2-9 (5) [(6)] "Calendar quarter" means a period of three
2-10 consecutive calendar months ending on:
2-11 (A) March 31, June 30, September 30, or December
2-12 31; or
2-13 (B) the dates prescribed by rule of the
2-14 commission.
2-15 (6) [(7)] "Chargeback" means the benefits charged to
2-16 an employer's account under Section 204.021.
2-17 (7) [(8)] "Commission" means the Texas Workforce
2-18 [Employment] Commission.
2-19 (8) [(9)] "Compensation fund" means the unemployment
2-20 compensation fund.
2-21 (9) [(10)] "Contribution" means a tax payment under
2-22 this subtitle to the compensation fund.
2-23 (10) [(11)] "Employing unit" means a person who, after
2-24 January 1, 1936, has employed an individual to perform services for
2-25 the person in this state.
2-26 (11) [(12)] "Employment office" means a free public
2-27 employment office operated by this state or maintained as a part of
3-1 a state-controlled system of public employment offices. The term
3-2 includes a branch office.
3-3 (12) [(13)] "Initial claim" means a notice filed under
3-4 Section 208.001(a) to establish a benefit year by an individual who
3-5 does not have a benefit year in effect at the time the notice was
3-6 filed.
3-7 (13) [(14)] "Institution of higher education" means:
3-8 (A) a college or university in this state; or
3-9 (B) a public or other nonprofit educational
3-10 institution that:
3-11 (i) admits as regular students only
3-12 individuals with a certificate of graduation or equivalent
3-13 credentials;
3-14 (ii) is legally authorized to provide an
3-15 educational program beyond high school; and
3-16 (iii) provides an educational program:
3-17 (a) for which the
3-18 institution awards a bachelor's or higher degree;
3-19 (b) that is acceptable for
3-20 full credit toward a bachelor's or higher degree; or
3-21 (c) that trains a student
3-22 for the gainful practice of a recognized occupation.
3-23 (14) [(15)] "Mail" means the United States Postal
3-24 Service or any other method approved by the commission to provide
3-25 actual notice, including an electronic transfer system.
3-26 (15) [(16)] "Reimbursement" means a payment made in
3-27 accordance with Chapter 205.
4-1 (16) [(17)] "Reimbursing employer" means an employer
4-2 making payments in accordance with Chapter 205.
4-3 (17) [(18)] "State" means a state of the United
4-4 States, Puerto Rico, the District of Columbia, or the Virgin
4-5 Islands.
4-6 (18) [(19)] "Taxed employer" means an employer who
4-7 pays a contribution under this subtitle.
4-8 (19) [(20)] "Temporary employee" means an individual
4-9 employed by a temporary help firm for the purpose of being assigned
4-10 to work for the clients of a temporary help firm.
4-11 (20) [(21)] "Temporary help firm" means a person who
4-12 employs individuals for the purpose of assigning those individuals
4-13 to work for the clients of the temporary help firm to support or
4-14 supplement a client's work force during employee absences,
4-15 temporary skill shortages, seasonal work loads, special assignments
4-16 and projects, and other similar work situations.
4-17 (21) [(22)] "United States" includes, in a geographic
4-18 context, each state. For purposes of this subtitle
4-19 (22) [(23)] "Valid claim" means a claim
4-20 filed by an unemployed individual who has received the wages
4-21 necessary to qualify for benefits.
4-22 (23) [(24)] "Warrant" means a written payment order or
4-23 an electronic payment order that is a part of an electronic fund
4-24 transfer system approved by the commission.
4-25 (24) [(25)] "Week" means seven consecutive calendar
4-26 days as prescribed by the commission.
4-27 SECTION 2. Subchapter B, Chapter 201, Labor Code, is amended
5-1 by adding Section 201.013 to read as follows:
5-2 Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATE BASE
5-3 PERIODS. (a) For purposes of this subtitle and subject to this
5-4 section, an individual's base period is the four consecutive
5-5 completed calendar quarters, prescribed by the commission, in the
5-6 five consecutive completed calendar quarters preceding the first
5-7 day of an individual's benefit year.
5-8 (b) For an individual precluded because of a medically
5-9 verifiable injury or illness from working during a major part of a
5-10 calendar quarter of the period that would otherwise be the
5-11 individual's base period under Subsection (a), the base period is
5-12 the first four calendar quarters of the five consecutive calendar
5-13 quarters preceding the calendar quarter in which the illness began
5-14 or the injury occurred if the individual files an initial claim for
5-15 benefits not later than 24 months after the date on which the
5-16 individual's injury or illness began or occurred.
5-17 (c) For an individual who does not have sufficient benefit
5-18 wage credits to qualify for benefits under the computation of the
5-19 base period as provided by Subsection (a) or (b), the base period
5-20 is the four most recently completed calendar quarters preceding the
5-21 first day of the individual's benefit year.
5-22 SECTION 3. This Act takes effect September 1, 1999, and
5-23 applies only to eligibility for unemployment compensation benefits
5-24 based on a claim that is filed with the Texas Workforce Commission
5-25 on or after that date. A claim filed before that date is governed
5-26 by the law in effect on the date the claim was filed, and the
5-27 former law is continued in effect for that purpose.
6-1 SECTION 4. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.