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Amend CSSB 1569 (house committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 209.022, Labor Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Subsections (b), (c), (d), and (f) do not apply to a
week to which this subsection or Section 209.0221 applies. In
addition to the "off" indicator weeks described by Subsections (c)
and (d), a week is a state "off" indicator week if the average rate
of unemployment and the average rates of total unemployment in this
state are less than the applicable average rates described by
Section 209.0221. This subsection applies only during a week in
which Section 209.0221 applies.
SECTION ____. Subchapter B, Chapter 209, Labor Code, is
amended by adding Section 209.0221 to read as follows:
Sec. 209.0221. ADDITIONAL "ON" INDICATOR WEEKS;
CONSTRUCTION WITH CERTAIN OTHER LAW. (a) In addition to "on"
indicator weeks described by Section 209.022, with respect to weeks
of unemployment beginning on or after February 1, 2009, a week is a
state "on" indicator week if:
(1) the average rate of total unemployment, as
determined by the secretary for the period consisting of the most
recent three months for which data for all states are published
before the close of the week, equals or exceeds six and one-half
percent; and
(2) the average rate of total unemployment in this
state, as determined by the secretary for the three-month period
described by Subdivision (1), equals or exceeds 110 percent of the
average rate of total unemployment in this state for either or both
of the corresponding three-month periods of the two preceding
calendar years.
(b) The rate of insured unemployment as used in this
section is to be seasonally adjusted.
(c) During a period during which this section applies, the
following provisions do not apply:
(1) Section 209.082, to charges to a reimbursing
employer, except that charges described by that section may not be
used in determining the replenishment ratio under Section 204.045;
and
(2) Section 209.083, to charges to a taxed employer.
(d) This section takes effect February 1, 2009, and expires
the week ending four weeks before the last week for which 100
percent federal sharing is authorized by Section 2005(c), Pub. L.
No. 111-5, or another substantially similar federal law concerning
extended unemployment benefits.
SECTION ____. Subchapter C, Chapter 209, Labor Code, is
amended by adding Section 209.0421 to read as follows:
Sec. 209.0421. INCLUSION OF CERTAIN PERIODS IN ELIGIBILITY
PERIOD. Notwithstanding any other eligibility provisions in this
chapter, an individual's eligibility period includes any
eligibility period described by Section 2005(b), Pub. L. No. 111-5.
This section applies only during a week in which Section 209.0221
applies.
SECTION ____. Subchapter D, Chapter 209, Labor Code, is
amended by adding Section 209.0621 to read as follows:
Sec. 209.0621. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT DURING
HIGH UNEMPLOYMENT PERIOD. (a) For purposes of this section, "high
unemployment period" means any period that is otherwise described
by Section 209.0221 in which the average rate of total unemployment
described by Section 209.0221(a)(1) equals or exceeds eight
percent.
(b) Section 209.062 does not apply during a high
unemployment period.
(c) During a high unemployment period the total extended
benefit amount payable to an eligible individual for the
individual's eligibility period is 80 percent of the total amount
of regular benefits that were payable to the individual under this
subtitle in the individual's applicable benefit year.
(d) This section applies only during a week in which Section
209.0221 applies.
SECTION ____. The change in law made by this Act in amending
provisions of Chapter 209, Labor Code, applies only to a claim for
extended unemployment compensation benefits that is filed with the
Texas Workforce Commission on or after the effective date of this
Act. A claim for extended unemployment compensation benefits that
is filed with the Texas Workforce Commission before the effective
date of this Act is governed by the law in effect on the date that
the claim was filed, and the former law is continued in effect for
that purpose.