87R10417 RDS-D | ||
By: Turner of Tarrant | H.B. No. 3620 |
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relating to 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 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; [ |
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(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. Subchapter B, Chapter 207, Labor Code, is | ||
amended by adding Section 207.0213 to read as follows: | ||
Sec. 207.0213. TEMPORARY WAIVER OF CERTAIN ELIGIBILITY | ||
CONDITIONS. (a) Notwithstanding Section 207.021, if the commission | ||
finds that in any seven-day period the number of initial claims | ||
filed under this subtitle is more than five times the number of | ||
initial claims filed under this subtitle in the preceding seven-day | ||
period, the commission shall suspend for a period of 30 days the | ||
following eligibility conditions to authorize an individual who is | ||
otherwise eligible to receive benefits under this subtitle to | ||
receive those benefits: | ||
(1) the condition imposed under Section 207.021(a)(5) | ||
that an individual be actively seeking work; and | ||
(2) the condition imposed under Section 207.021(a)(8) | ||
that an individual have been totally or partially unemployed for a | ||
waiting period. | ||
(b) The period of a suspension imposed under Subsection (a) | ||
begins on the first day of the seven-day period in which the | ||
increased number of initial claims were filed. | ||
SECTION 4. Section 207.048, Labor Code, is amended by | ||
amending Subsections (a), (b), and (f) and adding Subsection (g) to | ||
read as follows: | ||
(a) An individual is disqualified for benefits for a benefit | ||
period in which the individual's total or partial unemployment is | ||
caused by[ |
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labor dispute at the factory, establishment, or other premises | ||
where the individual is or was last employed[ |
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(b) Disqualification for benefits under this section does | ||
not apply to an individual who shows to the satisfaction of the | ||
commission that the individual: | ||
(1) is not participating in, financing, or directly | ||
interested in the labor dispute; [ |
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(2) does not belong to a grade or class of workers any | ||
members of which were employed at the premises of the labor dispute | ||
immediately before the beginning of the labor dispute and any of | ||
whom are participating in, financing, or directly interested in the | ||
dispute; | ||
(3) has been locked out of the individual's place of | ||
employment; or | ||
(4) has been placed on emergency leave without pay by | ||
the individual's employer. | ||
(f) For the purposes of this section: | ||
(1) "Locked out" means the denial of entry by an | ||
employer to the place of employment of employees of that employer | ||
who have not: | ||
(A) gone on strike; or | ||
(B) notified the employer of a date on which the | ||
employees intend to go on strike. | ||
(2) "Premises" [ |
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(g) For the purposes of Subsection (b), the payment of | ||
regular union dues by an individual does not constitute financing a | ||
labor dispute. | ||
SECTION 5. 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 6. Section 209.062, Labor Code, is amended to read | ||
as follows: | ||
Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT. The | ||
total extended benefit amount payable to an eligible individual for | ||
the individual's eligibility period is 60 [ |
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amount of regular benefits that were payable to the individual | ||
under this subtitle in the individual's applicable benefit year. | ||
SECTION 7. Section 214.002, Labor Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a) and except as | ||
otherwise provided by this subsection, if the commission finds that | ||
in any seven-day period the number of initial claims filed under | ||
this subtitle is more than five times the number of initial claims | ||
filed under this subtitle in the preceding seven-day period, the | ||
commission may not seek to recover the amount of any improper | ||
benefits received during the 30-day period beginning on the first | ||
day of the seven-day period in which the increased number of initial | ||
claims were filed. This subsection does not apply to improper | ||
benefits obtained by a person due to a nondisclosure or | ||
misrepresentation that is known or fraudulent. | ||
SECTION 8. Section 201.011(1), Labor Code, is repealed. | ||
SECTION 9. Section 201.013, Labor Code, as added by 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 10. Section 207.008(b), Labor Code, as amended by | ||
this Act, applies 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 11. 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 12. Section 209.062, Labor Code, as amended by this | ||
Act, applies only to a claim for extended unemployment compensation | ||
benefits that is filed with the Texas Workforce Commission on or | ||
after the effective date of this Act. A claim filed before that | ||
date is governed by the law in effect on the date that the claim was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 13. 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. |