81R8047 PB-F
By: Eiland H.B. No. 1858
A BILL TO BE ENTITLED
AN ACT
relating to suspension of the unemployment compensation waiting
period requirement during a disaster subject to a federal disaster
declaration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 207, Labor Code, is
amended by adding Section 207.0212 to read as follows:
Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED
BECAUSE OF DISASTER. (a) In this section, "disaster unemployment
assistance benefits" means benefits authorized under Section 410,
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. Section 5177), and rules adopted under that section.
(b) Notwithstanding Section 207.021, the commission may
approve the suspension of the waiting period requirement imposed
under Section 207.021(a)(7) to authorize an individual to receive
benefits for that waiting period if the individual:
(1) is unemployed as a direct result of a natural
disaster that results in a disaster declaration by the president of
the United States under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
(2) is otherwise eligible for unemployment
compensation benefits under this subtitle; and
(3) is not receiving disaster unemployment assistance
benefits for the period included in that waiting period.
SECTION 2. Section 301.0015(a), Labor Code, is amended to
read as follows:
(a) In administering its functions under this title or
another law, the commission shall limit its activities to:
(1) setting commission policies, including policies
that clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and commission staff;
(2) giving general direction to the executive director
regarding the implementation of the commission's policies, and
holding the executive director accountable for implementing the
policies;
(3) approving the commission's budget recommendation
to the legislature;
(4) reviewing under Subchapter D, Chapter 212, the
decision of an appeal tribunal regarding unemployment
compensation;
(5) reviewing under Subchapter D, Chapter 61, the
decision of a wage claim appeal tribunal regarding a wage claim;
(6) adopting rules necessary to administer the
commission's policies, including rules necessary for the
administration of this title and rules governing required reports,
procedures, and orders;
(7) responding to questions and comments that are
directed to the commission by the executive director and that
relate to setting or clarifying commission policies or relate to
other matters of general interest to the commission; [and]
(8) requesting information from commission staff; and
(9) suspending the unemployment compensation waiting
period under circumstances described by Section 207.0212.
SECTION 3. The change in law made by this Act applies only
to a claim for 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 the claim was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.