By: Guillen H.B. No. 2520
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements regarding an employee's normal weekly
  hours of work under the shared work unemployment compensation
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 50 [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 2.  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 50 [40]
  percent, with a corresponding reduction in wages.
         SECTION 3.  (a) The change in law made by this Act applies
  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 50[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 4.  This Act takes effect September 1, 2023.