H.B. No. 2273
relating to the administration of the unemployment compensation
system by the Texas Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.002, Labor Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
(c) The commission shall determine the average weekly wage
in covered employment and compute the maximum and minimum weekly
benefit amount not later than October 1 of each year based on the
annual average weekly wage for the preceding year. If a benefit
amount computed under this subsection includes cents [
is not a
multiple of $1], the commission shall adjust [ increase] the benefit
amount as follows:
(1) if the computed benefit amount includes at least
one cent but not more than 49 cents, the commission shall round the
benefit down to the nearest [ to the next] multiple of $1; and
(2) if the computed benefit amount includes at least
50 cents but not more than 99 cents, the commission shall round the
benefit amount up to the nearest multiple of $1.
(c-1) An increase in the maximum weekly benefit amount may
not exceed $14 in any year. An increase in the minimum weekly
benefit amount may not exceed $1 in any year.
SECTION 2. Section 207.007(b), Labor Code, is amended to
read as follows:
(b) An individual claiming benefits in a proceeding before
the commission or a court may be represented by counsel or another
authorized agent. Counsel or an agent representing an individual
under this subtitle may [ not] charge and collect [ or receive] a fee
for the counsel's or agent's [ these] services [ greater than an
amount approved by the commission].
SECTION 3. Section 207.101(a), Labor Code, is amended to
read as follows:
(a) An eligible individual may elect to have federal income
tax withheld from benefits. The commission shall withhold federal
income taxes from the benefits of an individual who elects the
withholding as provided by the Federal Unemployment Tax Act (26
U.S.C. Section 3301 et seq.) and Section 303, Social Security Act
(42 U.S.C. Section 503)[ , as those laws are amended by P.L.
SECTION 4. The change in law made by this Act by the
amendment of Section 207.007, Labor Code, applies only to a
proceeding before the Texas Workforce Commission or a court that is
commenced on or after the effective date of this Act. A proceeding
commenced before the effective date of this Act is governed by the
law in effect on the date the proceeding was commenced, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2273 was passed by the House on April
6, 2005, by the following vote: Yeas 144, Nays 0, 1 present, not
Chief Clerk of the House
I certify that H.B. No. 2273 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate