87R1457 KSD-D
 
  By: Turner of Tarrant H.B. No. 2128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to alternative base periods for the computation of
  unemployment compensation benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 201, Labor Code, is
  amended by adding Section 201.013 to read as follows:
         Sec. 201.013.  DEFINITION OF BASE PERIOD; ALTERNATIVE BASE
  PERIODS. (a) For purposes of this subtitle and subject to this
  section, an individual's base period is the four consecutive
  completed calendar quarters, prescribed by the commission, in the
  five consecutive completed calendar quarters preceding the first
  day of an individual's benefit year.
         (b)  For an individual precluded because of a medically
  verifiable illness or injury from working during a major part of a
  calendar quarter of the period that would otherwise be the
  individual's base period under Subsection (a), the base period is
  the first four calendar quarters of the five consecutive calendar
  quarters preceding the calendar quarter in which the illness began
  or the injury occurred if the individual files an initial claim for
  benefits not later than 24 months after the date on which the
  individual's illness or injury began or occurred.
         (c)  For an individual who does not have sufficient benefit
  wage credits to qualify for benefits under the computation of the
  base period as provided by Subsection (a) or (b), the base period is
  the four most recently completed calendar quarters preceding the
  first day of the individual's benefit year.
         (d)  For an individual who does not have sufficient benefit
  wage credits to qualify for benefits under the computation of the
  base period as provided by Subsection (a), (b), or (c), the base
  period is the three most recently completed calendar quarters
  preceding the first day of the individual's benefit year and the
  portion of the calendar quarter in which the individual's benefit
  year commences that occurs before the first day of the individual's
  benefit year.
         (e)  For purposes of establishing qualifications for
  benefits under the base period computation provided under
  Subsection (c) or (d), an individual for whom wage information for
  the most recent calendar quarter or current calendar quarter is not
  yet accessible to or obtainable by the commission may demonstrate
  that qualification by providing an affidavit supported by payroll
  documentation available to the individual for that calendar
  quarter. The commission by rule shall adopt a procedure for an
  individual to provide the affidavit and documentation permitted
  under this subsection.
         SECTION 2.  Section 201.011(1), Labor Code, is repealed.
         SECTION 3.  This Act applies only to eligibility for
  unemployment compensation benefits based on a claim that is filed
  with the Texas Workforce Commission on or after the effective date
  of this Act. A claim filed before the effective date of this Act is
  governed by the law in effect on the date the claim was filed, and
  the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.