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79R7231 JMM-F

By:  Cook of Navarro                                              H.B. No. 2273



A BILL TO BE ENTITLED

AN ACT

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 
follows:
	(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. 
103-465].
	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.