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A BILL TO BE ENTITLED
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AN ACT
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relating to suspension of the unemployment compensation waiting |
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period requirement during a disaster subject to a federal disaster |
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declaration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 207, Labor Code, is |
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amended by adding Section 207.0212 to read as follows: |
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Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED |
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BECAUSE OF DISASTER. (a) In this section, "disaster unemployment |
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assistance benefits" means benefits authorized under Section 410, |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5177), and rules adopted under that section. |
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(b) Notwithstanding Section 207.021, the commission may |
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approve the suspension of the waiting period requirement imposed |
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under Section 207.021(a)(7) to authorize an individual to receive |
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benefits for that waiting period if the individual: |
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(1) is unemployed as a direct result of a natural |
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disaster that results in a disaster declaration by the president of |
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the United States under the Robert T. Stafford Disaster Relief and |
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Emergency Assistance Act (42 U.S.C. Section 5121 et seq.); |
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(2) is otherwise eligible for unemployment |
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compensation benefits under this subtitle; and |
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(3) is not receiving disaster unemployment assistance |
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benefits for the period included in that waiting period. |
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SECTION 2. Section 301.0015(a), Labor Code, is amended to |
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read as follows: |
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(a) In administering its functions under this title or |
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another law, the commission shall limit its activities to: |
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(1) setting commission policies, including policies |
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that clearly separate the policymaking responsibilities of the |
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commission and the management responsibilities of the executive |
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director and commission staff; |
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(2) giving general direction to the executive director |
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regarding the implementation of the commission's policies, and |
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holding the executive director accountable for implementing the |
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policies; |
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(3) approving the commission's budget recommendation |
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to the legislature; |
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(4) reviewing under Subchapter D, Chapter 212, the |
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decision of an appeal tribunal regarding unemployment |
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compensation; |
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(5) reviewing under Subchapter D, Chapter 61, the |
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decision of a wage claim appeal tribunal regarding a wage claim; |
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(6) adopting rules necessary to administer the |
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commission's policies, including rules necessary for the |
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administration of this title and rules governing required reports, |
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procedures, and orders; |
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(7) responding to questions and comments that are |
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directed to the commission by the executive director and that |
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relate to setting or clarifying commission policies or relate to |
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other matters of general interest to the commission; [and] |
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(8) requesting information from commission staff; and |
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(9) suspending the unemployment compensation waiting |
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period under circumstances described by Section 207.0212. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim for unemployment compensation benefits that is filed |
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with the Texas Workforce Commission on or after the effective date |
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of this Act. A claim filed before that date is governed by the law |
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in effect on the date the claim was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |