82R18994 JSC-D
By: Murphy H.B. No. 14
Substitute the following for H.B. No. 14:
By: Murphy C.S.H.B. No. 14
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for unemployment benefits of a person
receiving certain forms of remuneration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.049, Labor Code, is amended to read
as follows:
Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual
is disqualified for benefits for a benefit period for which the
individual is receiving or has received remuneration in the form
of:
(1) wages in lieu of notice;
(2) severance pay; or
(3) [(2)] compensation under a state worker's
compensation law or a similar law of the United States for:
(A) temporary partial disability;
(B) temporary total disability; or
(C) total and permanent disability.
(b) In this section, "severance pay" means dismissal or
separation income paid on termination of employment in addition to
the employee's usual earnings from the employer at the time of
termination. The term does not include any remuneration received
by an employee under:
(1) a release of claims or settlement agreement
entered into between the employee and the employer:
(A) based on an alleged violation of the Civil
Rights Act of 1991 (Pub. L. No. 102-166); or
(B) pursuant to a claim or cause of action filed
in connection with the employment relationship; or
(2) a written contract, including a collective
bargaining agreement, negotiated with the employer before the date
of separation from employment of the employee.
(c) The commission may adopt rules as necessary to
administer this section.
SECTION 2. 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 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 3. This Act takes effect September 1, 2011.