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A BILL TO BE ENTITLED
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AN ACT
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relating to the shared work unemployment compensation program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 204.022, Labor Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Shared work benefits paid under Chapter 215 may not be |
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charged to the account of an employer if the benefits are reimbursed |
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by the federal government under the federal Layoff Prevention Act |
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of 2012 (Pub. L. No. 112-96, Subtitle D, Title II). |
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SECTION 2. Section 215.001, Labor Code, is amended by |
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amending Subdivision (2) and adding Subdivision (9) to read as |
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follows: |
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(2) "Fringe benefit" means health insurance, a |
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retirement benefit received under a defined benefit plan, as |
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defined by 26 U.S.C. Section 414(j), or under a defined |
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contribution plan, as defined by 26 U.S.C. Section 414(i) [pension
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plan], a paid vacation day, a paid holiday, sick leave, or any other |
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similar employee benefit provided by an employer. |
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(9) "Training" means commission-approved voluntary |
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training sponsored by an employer or funded under the Workforce |
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Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) that is |
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designed to enhance a participant's job skills. |
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SECTION 3. Section 215.022, Labor Code, is amended to read |
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as follows: |
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Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The |
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commission may approve a shared work plan if: |
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(1) the plan: |
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(A) applies to and identifies a specific affected |
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unit; |
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(B) identifies the employees in the affected unit |
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by name and social security number and describes how the employees |
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will be notified in advance of the plan, if feasible; |
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(C) provides an estimate of the number of |
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employees who would be laid off if the employer does not participate |
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in the shared work plan; |
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(D) [(C)] reduces the normal weekly hours of work |
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for an employee in the affected unit by at least 10 percent but not |
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more than 40 percent; |
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(E) [(D)] applies to at least 10 percent of the |
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employees in the affected unit; and |
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(F) permits eligible employees to participate in |
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training [(E)
describes the manner in which the participating
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employer treats the fringe benefits of each employee in the
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affected unit]; |
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(2) the employer certifies that the implementation of |
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a shared work plan and the resulting reduction in work hours is in |
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lieu of [temporary] layoffs that would: |
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(A) affect at least 10 percent of the employees |
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in the affected unit; and |
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(B) result in an equivalent reduction in work |
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hours; [and] |
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(3) the employer certifies that: |
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(A) if the employer currently provides fringe |
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benefits, the fringe benefits continue for employees in the |
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affected unit unless those benefits are not continued for employees |
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not participating in the shared work plan; and |
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(B) participation in the shared work plan is |
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consistent with the employer's obligations under state and federal |
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law; and |
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(4) the employer agrees to furnish the commission |
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reports relating to the operation of the plan as requested by the |
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commission and any other information the United States secretary of |
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labor determines is appropriate. |
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(b) A shared work plan may not be implemented to subsidize a |
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seasonal employer during the off-season [or to subsidize an
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employer who traditionally has used part-time employees]. |
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SECTION 4. The change in law made by this Act applies only |
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to a shared work plan submitted by an employer to the Texas |
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Workforce Commission on or after the effective date of this Act. A |
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shared work plan submitted before the effective date of this Act is |
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governed by the law in effect on the date the plan was submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |