By: Lucio, Van de PutteEllis S.B. No. 1421
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of modernizations to unemployment
compensation benefit eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 201, Labor Code, is
amended by adding Section 201.011(1)(c) to read as follows:
(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.
SECTION 2. Section 207.021, Labor Code, is amended by
adding Subsection (d) and (e) to read as follows:
(d) "Part-time work" means work having comparable hours to
the individual's work in the individual's base period, except that
an individual must be available for at least 20 hours of work per
week and available for hours that are comparable to the
individual's work at the time of the individual's most recent
separation from employment.
(e) An individual is available for work for purposes of
Subsection (a)(4) if the individual is seeking only part-time work,
unless the majority of the weeks worked by the individual during the
individual's base period do not include part-time work.
SECTION 3. Chapter 209, Labor Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. EXTENDED BENEFITS FOR CERTAIN INDIVIDUALS ENROLLED
IN CERTAIN TRAINING PROGRAMS
Sec. 209.101. ELIGIBILITY FOR EXTENDED BENEFITS.
Notwithstanding any other provision of this chapter, an individual
is entitled to extended benefits as provided by this subchapter if
the individual:
(1) is unemployed;
(2) has exhausted all regular benefits; and
(3) is enrolled in, and making satisfactory progress
toward completion of, a commission-approved training program or a
job training program under the Workforce Investment Act of 1998 (29
U.S.C. Section 2801 et seq.) designed to prepare individuals who
have been separated from a declining occupation or who have been
involuntarily and indefinitely separated from employment as a
result of a permanent reduction of operations at the individual's
place of employment for entry into a high-demand occupation.
Sec. 209.102. DURATION AND AMOUNT OF EXTENDED BENEFITS.
(a) Notwithstanding any other provision of this chapter, an
eligible individual under Section 209.101 is entitled to receive
extended benefits under this subchapter until the earlier of:
(1) the date the individual completes the training
program; or
(2) the expiration of 26 additional benefit periods.
(b) Notwithstanding any other provision of this chapter,
the weekly amount of extended benefits payable to an eligible
individual under Section 209.101 is an amount equal to the
individual's average weekly benefit amount for the most recent
benefit year.
SECTION 4. 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 5. This Act takes effect on September 1, 2009.