80R6702 KSD-D
 
  By: Deshotel H.B. No. 2120
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the wages credited to an individual for the purpose of
computing the individual's unemployment compensation benefits.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 207.002, Labor Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
       (a)  An eligible individual who is totally unemployed in a
benefit period is entitled to benefits for the benefit period at the
rate of 1/25 of the wages received by the individual from
employment by employers during that quarter in the individual's
base period in which wages were highest. For purposes of this
subsection, the wages received by the individual from employment by
employers during the individual's base period include wages ordered
to be paid to the individual by a final order of the commission
under Chapter 61 that:
             (1)  were due to be paid to the individual by an
employer during the individual's base period; and
             (2)  will be credited to the date or dates on which the
payment of those wages was due.
       (a-1)  The commission by rule shall determine the method of
crediting wages to a particular quarter for purposes of Subsection
(a).
       (a-2)  The rate of benefits paid under this section may not
be more than the maximum weekly benefit amount computed under
Subsection (b) or less than the minimum weekly benefit amount
computed under Subsection (b) for each benefit period.
       SECTION 2.  Section 207.004, Labor Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
       (a)  The commission shall credit as benefit wage credits
during an individual's base period:
             (1)  [an individual's] wages the individual received
for employment from an employer during the individual's base
period; and
             (2)  wages ordered to be paid by a final order issued by
the commission under Chapter 61 that:
                   (A)  were due to be paid by an employer during the
individual's base period; and
                   (B)  will be credited to the date or dates on which
the payment of those wages was due [as the individual's benefit wage
credits].
       (a-1)  The commission by rule shall determine the method of
crediting wages to an individual's base period for purposes of
Subsection (a).
       SECTION 3.  The changes in law made by this Act apply only to
eligibility for unemployment benefits based on an unemployment
compensation claim that is filed with the Texas Workforce
Commission on or after the effective date of this Act. A claim
filed before that date is governed by the law in effect on the date
the claim was filed, and the former law is continued in effect for
that purpose.
       SECTION 4.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.