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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a chargeback for unemployment |
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compensation benefits paid to a person who is partially unemployed. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 204, Labor Code, is |
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amended by adding Section 204.0211 to read as follows: |
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Sec. 204.0211. CHARGEBACK OF BENEFITS PAID TO PARTIALLY |
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UNEMPLOYED INDIVIDUAL. (a) Notwithstanding Section 204.021, this |
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section applies to the determination of the amount of a chargeback |
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to an employer's account based on benefits paid to a claimant during |
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a benefit period in which: |
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(1) the claimant is partially unemployed; and |
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(2) the employer employs the claimant. |
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(b) If the claimant works the claimant's customary working |
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hours for the employer during the benefit period, benefits paid to |
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the claimant for that benefit period may not be charged to the |
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employer's account. |
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(c) If there has been a reduction in the claimant's |
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customary working hours for the employer during the benefit period, |
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the amount of the chargeback to the employer's account based on that |
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benefit period is computed by: |
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(1) dividing the number of hours the employee worked |
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for the employer during that benefit period by the number of hours |
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the employee customarily works for that employer during a |
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comparable period; and |
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(2) multiplying the quotient by the amount that would |
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be charged back to the employer's account under Section 204.021 |
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based on benefits paid to the claimant during a benefit period in |
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which the employee is totally unemployed. |
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SECTION 2. The changes in law made by this Act apply only to |
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a claim for unemployment compensation benefits filed with the Texas |
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Workforce Commission on or after the effective date of this Act. A |
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claim filed before the effective date of this Act is governed by the |
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law 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 3. This Act takes effect September 1, 2013. |