1 | 1 | | 81R8142 KSD-D |
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2 | 2 | | By: Zaffirini S.B. No. 945 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to unemployment compensation benefits. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Subchapter B, Chapter 201, Labor Code, is |
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10 | 10 | | amended by adding Section 201.013 to read as follows: |
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11 | 11 | | Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATE BASE |
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12 | 12 | | PERIODS. (a) For purposes of this subtitle and subject to this |
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13 | 13 | | section, an individual's base period is the four consecutive |
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14 | 14 | | completed calendar quarters, prescribed by the commission, in the |
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15 | 15 | | five consecutive completed calendar quarters preceding the first |
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16 | 16 | | day of an individual's benefit year. |
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17 | 17 | | (b) For an individual precluded because of a medically |
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18 | 18 | | verifiable injury or illness from working during a major part of a |
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19 | 19 | | calendar quarter of the period that would otherwise be the |
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20 | 20 | | individual's base period under Subsection (a), the base period is |
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21 | 21 | | the first four calendar quarters of the five consecutive calendar |
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22 | 22 | | quarters preceding the calendar quarter in which the illness began |
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23 | 23 | | or the injury occurred if the individual files an initial claim for |
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24 | 24 | | benefits not later than 24 months after the date on which the |
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25 | 25 | | individual's injury or illness began or occurred. |
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26 | 26 | | (c) For an individual who does not have sufficient benefit |
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27 | 27 | | wage credits to qualify for benefits under the computation of the |
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28 | 28 | | base period as provided by Subsection (a) or (b), the base period is |
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29 | 29 | | the four most recently completed calendar quarters preceding the |
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30 | 30 | | first day of the individual's benefit year. |
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31 | 31 | | SECTION 2. Section 207.021, Labor Code, is amended by |
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32 | 32 | | adding Subsection (d) to read as follows: |
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33 | 33 | | (d) An individual is available for work for purposes of |
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34 | 34 | | Subsection (a)(4) even if the individual is available only for |
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35 | 35 | | part-time work if: |
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36 | 36 | | (1) the individual establishes to the satisfaction of |
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37 | 37 | | the commission that the individual has a legitimate reason to limit |
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38 | 38 | | the individual's employment to part-time work; and |
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39 | 39 | | (2) the individual's last work was part-time work. |
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40 | 40 | | SECTION 3. Section 207.045(d), Labor Code, is amended to |
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41 | 41 | | read as follows: |
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42 | 42 | | (d) Notwithstanding any other provision of this section, an |
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43 | 43 | | individual who is available to work may not be disqualified for |
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44 | 44 | | benefits because the individual left work because of: |
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45 | 45 | | (1) a medically verified illness of the individual or |
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46 | 46 | | the individual's minor child; |
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47 | 47 | | (2) injury; |
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48 | 48 | | (3) disability; |
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49 | 49 | | (4) pregnancy; |
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50 | 50 | | (5) an involuntary separation as described by Section |
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51 | 51 | | 207.046; [or] |
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52 | 52 | | (6) a move from the area of the individual's employment |
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53 | 53 | | that: |
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54 | 54 | | (A) was made with the individual's spouse who is |
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55 | 55 | | a member of the armed forces of the United States; and |
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56 | 56 | | (B) resulted from the spouse's permanent change |
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57 | 57 | | of station of longer than 120 days or a tour of duty of longer than |
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58 | 58 | | one year; or |
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59 | 59 | | (7) a move to a location from which it is impractical |
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60 | 60 | | for the individual to commute that: |
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61 | 61 | | (A) was made with the individual's spouse who is |
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62 | 62 | | not a member of the armed forces of the United States; and |
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63 | 63 | | (B) resulted from a change in the location of the |
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64 | 64 | | spouse's employment. |
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65 | 65 | | SECTION 4. The following provisions are repealed: |
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66 | 66 | | (1) Section 201.011(1), Labor Code; and |
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67 | 67 | | (2) Section 207.045(c), Labor Code. |
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68 | 68 | | SECTION 5. The changes in law made by this Act apply only to |
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69 | 69 | | eligibility for unemployment compensation benefits based on a claim |
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70 | 70 | | that is filed with the Texas Workforce Commission on or after the |
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71 | 71 | | effective date of this Act. A claim filed before the effective date |
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72 | 72 | | of this Act is governed by the law in effect on the date the claim |
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73 | 73 | | was filed, and the former law is continued in effect for that |
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74 | 74 | | purpose. |
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75 | 75 | | SECTION 6. This Act takes effect September 1, 2009. |
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