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AN ACT
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relating to the eligibility for unemployment benefits of a person |
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receiving certain forms of remuneration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 207.049, Labor Code, is amended to read |
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as follows: |
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Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual |
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is disqualified for benefits for a benefit period for which the |
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individual is receiving or has received remuneration in the form |
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of: |
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(1) wages in lieu of notice; |
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(2) severance pay; or |
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(3) [(2)] compensation under a state worker's |
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compensation law or a similar law of the United States for: |
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(A) temporary partial disability; |
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(B) temporary total disability; or |
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(C) total and permanent disability. |
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(b) In this section, "severance pay" means dismissal or |
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separation income paid on termination of employment in addition to |
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the employee's usual earnings from the employer at the time of |
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termination. The term does not include any remuneration received |
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by an employee under: |
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(1) a release of claims or settlement agreement |
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entered into between the employee and the employer: |
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(A) based on an alleged violation of the Civil |
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Rights Act of 1991 (Pub. L. No. 102-166); or |
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(B) pursuant to a claim or cause of action filed |
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in connection with the employment relationship; or |
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(2) a written contract, including a collective |
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bargaining agreement, negotiated with the employer before the date |
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of separation from employment of the employee. |
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(c) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 2. 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 the effective date of this Act is |
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governed by the law in effect on the date the claim was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 14 was passed by the House on May 12, |
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2011, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 14 was passed by the Senate on May 25, |
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2011, by the following vote: Yeas 31, Nays 0 |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |