|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to unemployment compensation benefits. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 207.003(b), Labor Code, is amended to |
|
read as follows: |
|
(b) The amount of a partial benefit is computed by: |
|
(1) adding the individual's benefit amount and [the |
|
greater of $5 or] 25 percent of the maximum weekly benefit amount |
|
computed under Section 207.002(b); and |
|
(2) subtracting the amount of the wages earned by the |
|
individual during the benefit period from the amount computed under |
|
Subdivision (1). |
|
SECTION 2. Section 207.008(b), Labor Code, is amended to |
|
read as follows: |
|
(b) Notwithstanding any other provision of this subtitle, |
|
work is not suitable and benefits may not be denied under this |
|
subtitle to an otherwise eligible individual for refusal to accept |
|
new work if: |
|
(1) the position offered is vacant directly because of |
|
a strike, lockout, or other labor dispute; |
|
(2) the wages, hours, or other conditions of the work |
|
offered are substantially less favorable to the individual than |
|
those prevailing for similar work in the locality; [or] |
|
(3) as a condition of being employed, the individual |
|
is required to join a company union or to resign from or refrain |
|
from joining a bona fide labor organization; |
|
(4) the place of performance of the work offered is in |
|
violation of federal, state, or local protocols relating to the |
|
spread of infectious diseases, including COVID-19; or |
|
(5) the work offered presents an unreasonable risk of |
|
exposure to infectious diseases, including COVID-19, that cannot be |
|
mitigated with reasonable care. |
|
SECTION 3. Section 207.021(a), Labor Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Chapter 215, 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; |
|
and |
|
(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 4. Section 208.001, Labor Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) As soon as practicable after an individual files an |
|
initial claim for benefits, the commission shall provide to the |
|
individual a written notice containing general information about |
|
eligibility and enrollment for health care insurance coverage under |
|
the Patient Protection and Affordable Care Act (Pub. L. |
|
No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). The commission |
|
shall adopt rules for the form and content of the notice provided |
|
under this subsection. |
|
SECTION 5. Subchapter A, Chapter 215, Labor Code, is |
|
amended by adding Section 215.003 to read as follows: |
|
Sec. 215.003. NOTICE TO EMPLOYERS. At least annually, the |
|
commission shall provide written notice to employers regarding the |
|
shared work program. The notice must include a description of the |
|
benefits available under the program and the requirements for a |
|
shared work plan under the program. |
|
SECTION 6. Section 215.022(a), Labor Code, is amended to |
|
read as follows: |
|
(a) The commission may approve a shared work plan if: |
|
(1) the plan: |
|
(A) applies to and identifies a specific affected |
|
unit; |
|
(B) identifies the employees in the affected unit |
|
by name and social security number and describes how the employees |
|
will be notified in advance of the plan, if feasible; |
|
(C) provides an estimate of the number of |
|
employees who would be laid off if the employer does not participate |
|
in the shared work plan; |
|
(D) reduces the normal weekly hours of work for |
|
an employee in the affected unit by at least 10 percent but not more |
|
than 60 [40] percent; |
|
(E) applies to at least 10 percent of the |
|
employees in the affected unit; and |
|
(F) permits eligible employees to participate in |
|
training; |
|
(2) the employer certifies that the implementation of |
|
a shared work plan and the resulting reduction in work hours is in |
|
lieu of layoffs that would: |
|
(A) affect at least 10 percent of the employees |
|
in the affected unit; and |
|
(B) result in an equivalent reduction in work |
|
hours; |
|
(3) the employer certifies that: |
|
(A) if the employer currently provides fringe |
|
benefits, the fringe benefits continue for employees in the |
|
affected unit unless those benefits are not continued for employees |
|
not participating in the shared work plan; and |
|
(B) participation in the shared work plan is |
|
consistent with the employer's obligations under state and federal |
|
law; and |
|
(4) the employer agrees to furnish the commission |
|
reports relating to the operation of the plan as requested by the |
|
commission and any other information the United States secretary of |
|
labor determines is appropriate. |
|
SECTION 7. Section 215.041(b), Labor Code, is amended to |
|
read as follows: |
|
(b) An individual is eligible to receive shared work |
|
benefits for a week in which: |
|
(1) the individual is employed as a member of an |
|
affected unit subject to a shared work plan that was approved before |
|
that week and is in effect for that week; |
|
(2) the individual is able to work and is available for |
|
additional hours of work or for full-time work with the |
|
participating employer; and |
|
(3) the individual's normal weekly hours of work have |
|
been reduced by at least 10 percent but not more than 60 [40] |
|
percent, with a corresponding reduction in wages. |
|
SECTION 8. The following provisions are repealed: |
|
(1) Sections 207.021(b) and (c), Labor Code; and |
|
(2) Section 207.0212, Labor Code. |
|
SECTION 9. Sections 207.003(b), 207.008(b), and |
|
207.021(a), Labor Code, as amended by this Act, apply only to a |
|
claim for unemployment compensation benefits 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 10. Section 208.001(c), Labor Code, as added by |
|
this Act, applies only to an initial claim for unemployment |
|
compensation benefits filed with the Texas Workforce Commission on |
|
or after the effective date of this Act. An initial 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 11. (a) Sections 215.022(a) and 215.041(b), Labor |
|
Code, as amended by this Act, apply only to an initial shared work |
|
plan or a shared work plan modification submitted by an employer to |
|
the Texas Workforce Commission on or after the effective date of |
|
this Act. An initial shared work plan or a shared work plan |
|
modification submitted before the effective date of this Act is |
|
governed by the law as it existed on the date the plan or |
|
modification was submitted, and the former law is continued in |
|
effect for that purpose. |
|
(b) A shared work plan modification submitted to the Texas |
|
Workforce Commission on or after the effective date of this Act that |
|
modifies a shared work plan approved by the commission before the |
|
effective date and would reduce an individual's normal weekly hours |
|
of work more than 40 percent is considered to be a substantial |
|
modification under Section 215.025, Labor Code, and the modified |
|
plan must be evaluated and approved by the commission as provided by |
|
that section before implementation. |
|
SECTION 12. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2021. |