86R11024 SMT-D
 
  By: Neave H.B. No. 3927
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a self-employment assistance program for unemployed
  individuals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 207.021(a), Labor Code, is amended to
  read as follows:
         (a)  Except as provided by Chapters [Chapter] 215 and 216, an
  unemployed individual is eligible to receive benefits for a benefit
  period if the individual:
               (1)  has registered for work at an employment office
  and has continued to report to the employment office as required by
  rules adopted by the commission;
               (2)  has made a claim for benefits under Section
  208.001;
               (3)  is able to work;
               (4)  is available for work;
               (5)  is actively seeking work in accordance with rules
  adopted by the commission;
               (6)  for the individual's base period, has benefit wage
  credits:
                     (A)  in at least two calendar quarters; and
                     (B)  in an amount not less than 37 times the
  individual's benefit amount;
               (7)  after the beginning date of the individual's most
  recent prior benefit year, if applicable, earned wages in an amount
  equal to not less than six times the individual's benefit amount;
               (8)  has been totally or partially unemployed for a
  waiting period of at least seven consecutive days; and
               (9)  participates in reemployment services, such as a
  job search assistance service, if the individual has been
  determined, according to a profiling system established by the
  commission, to be likely to exhaust eligibility for regular
  benefits and to need those services to obtain new employment,
  unless:
                     (A)  the individual has completed participation
  in such a service; or
                     (B)  there is reasonable cause, as determined by
  the commission, for the individual's failure to participate in
  those services.
         SECTION 2.  Subtitle A, Title 4, Labor Code, is amended by
  adding Chapter 216 to read as follows:
  CHAPTER 216. SELF-EMPLOYMENT ASSISTANCE PROGRAM
         Sec. 216.001.  DEFINITIONS. In this chapter:
               (1)  "Self-employment activity" means a
  commission-approved activity that furthers an individual's goal to
  start a business.
               (2)  "Self-employment assistance allowance" means an
  unemployment compensation benefit payable to an individual engaged
  in a self-employment activity.
         Sec. 216.002.  SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The
  commission shall establish and administer a self-employment
  assistance program to provide financial assistance to an eligible
  individual seeking to start a business.
         (b)  Subject to the requirements of this chapter, an
  individual participating in the self-employment assistance program
  may receive a self-employment assistance allowance in lieu of and
  in an amount equal to the individual's benefit amount.
         (c)  Any self-employment assistance allowance payments made
  to an individual under this chapter are included for purposes of
  determining whether the individual has received the maximum amount
  of benefits for which the individual is eligible as provided by
  Section 207.005.
         Sec. 216.003.  COMMISSION DUTIES. (a)  The commission by
  rule shall establish eligibility criteria for an individual
  participating in the self-employment assistance program.
         (b)  The commission shall establish weekly self-employment
  activity requirements for an individual to qualify to receive a
  self-employment assistance allowance.
         (c)  The commission shall adopt rules as necessary to comply
  with any federal requirement applicable to a self-employment
  assistance program. 
         Sec. 216.004.  ELIGIBILITY. (a)  An individual is eligible
  to participate in the self-employment assistance program if the
  individual:
               (1)  is likely to exhaust the individual's regular
  benefits; and
               (2)  meets any eligibility criteria established by the
  commission.
         (b)  An individual is eligible to receive a self-employment
  assistance allowance for a week in which the individual is engaged
  in a self-employment activity and meets all the eligibility
  requirements under Chapter 207 to receive benefits other than the
  requirements of Sections 207.021(a)(4) and (5).
         Sec. 216.005.  LIMITATION ON PARTICIPATION. At any time,
  the aggregate number of individuals receiving self-employment
  assistance allowances may not exceed five percent of the number of
  individuals receiving regular benefits under this subtitle.
         SECTION 3.  Not later than June 30, 2020, the Texas Workforce
  Commission shall adopt the rules required by Chapter 216, Labor
  Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2019.