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A BILL TO BE ENTITLED
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AN ACT
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relating to a self-employment assistance program for unemployed |
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individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 207.021(a), Labor Code, is amended to |
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read as follows: |
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(a) Except as provided by Chapters [Chapter] 215 and 216, an |
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unemployed individual is eligible to receive benefits for a benefit |
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period if the individual: |
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(1) has registered for work at an employment office |
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and has continued to report to the employment office as required by |
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rules adopted by the commission; |
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(2) has made a claim for benefits under Section |
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208.001; |
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(3) is able to work; |
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(4) is available for work; |
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(5) is actively seeking work in accordance with rules |
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adopted by the commission; |
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(6) for the individual's base period, has benefit wage |
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credits: |
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(A) in at least two calendar quarters; and |
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(B) in an amount not less than 37 times the |
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individual's benefit amount; |
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(7) after the beginning date of the individual's most |
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recent prior benefit year, if applicable, earned wages in an amount |
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equal to not less than six times the individual's benefit amount; |
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(8) has been totally or partially unemployed for a |
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waiting period of at least seven consecutive days; and |
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(9) participates in reemployment services, such as a |
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job search assistance service, if the individual has been |
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determined, according to a profiling system established by the |
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commission, to be likely to exhaust eligibility for regular |
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benefits and to need those services to obtain new employment, |
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unless: |
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(A) the individual has completed participation |
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in such a service; or |
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(B) there is reasonable cause, as determined by |
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the commission, for the individual's failure to participate in |
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those services. |
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SECTION 2. Subtitle A, Title 4, Labor Code, is amended by |
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adding Chapter 216 to read as follows: |
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CHAPTER 216. SELF-EMPLOYMENT ASSISTANCE PROGRAM |
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Sec. 216.001. DEFINITIONS. In this chapter: |
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(1) "Self-employment activity" means a |
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commission-approved activity that furthers an individual's goal to |
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start a business. |
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(2) "Self-employment assistance allowance" means an |
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unemployment compensation benefit payable to an individual engaged |
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in a self-employment activity. |
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Sec. 216.002. SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The |
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commission shall establish and administer a self-employment |
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assistance program to provide financial assistance to an eligible |
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individual seeking to start a business. |
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(b) Subject to the requirements of this chapter, an |
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individual participating in the self-employment assistance program |
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may receive a self-employment assistance allowance in lieu of and |
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in an amount equal to the individual's benefit amount. |
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(c) Any self-employment assistance allowance payments made |
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to an individual under this chapter are included for purposes of |
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determining whether the individual has received the maximum amount |
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of benefits for which the individual is eligible as provided by |
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Section 207.005. |
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Sec. 216.003. COMMISSION DUTIES. (a) The commission by |
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rule shall establish eligibility criteria for an individual |
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participating in the self-employment assistance program. |
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(b) The commission shall establish weekly self-employment |
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activity requirements for an individual to qualify to receive a |
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self-employment assistance allowance. |
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(c) The commission shall adopt rules as necessary to comply |
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with any federal requirement applicable to a self-employment |
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assistance program. |
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Sec. 216.004. ELIGIBILITY. (a) An individual is eligible |
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to participate in the self-employment assistance program if the |
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individual: |
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(1) is likely to exhaust the individual's regular |
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benefits; and |
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(2) meets any eligibility criteria established by the |
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commission. |
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(b) An individual is eligible to receive a self-employment |
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assistance allowance for a week in which the individual is engaged |
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in a self-employment activity and meets all the eligibility |
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requirements under Chapter 207 to receive benefits other than the |
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requirements of Sections 207.021(a)(4) and (5). |
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Sec. 216.005. LIMITATION ON PARTICIPATION. At any time, |
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the aggregate number of individuals receiving self-employment |
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assistance allowances may not exceed five percent of the number of |
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individuals receiving regular benefits under this subtitle. |
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SECTION 3. Not later than June 30, 2022, the Texas Workforce |
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Commission shall adopt the rules required by Chapter 216, Labor |
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Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |