| 1 | 1 | | By: Murphy, et al. (Senate Sponsor - Eltife) H.B. No. 14 |
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| 2 | 2 | | (In the Senate - Received from the House May 13, 2011; |
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| 3 | 3 | | May 13, 2011, read first time and referred to Committee on Economic |
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| 4 | 4 | | Development; May 19, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 5, Nays 0; May 19, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the eligibility for unemployment benefits of a person |
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| 11 | 11 | | receiving certain forms of remuneration. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 207.049, Labor Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | Sec. 207.049. RECEIPT OF REMUNERATION. (a) An individual |
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| 16 | 16 | | is disqualified for benefits for a benefit period for which the |
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| 17 | 17 | | individual is receiving or has received remuneration in the form |
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| 18 | 18 | | of: |
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| 19 | 19 | | (1) wages in lieu of notice; |
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| 20 | 20 | | (2) severance pay; or |
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| 21 | 21 | | (3) [(2)] compensation under a state worker's |
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| 22 | 22 | | compensation law or a similar law of the United States for: |
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| 23 | 23 | | (A) temporary partial disability; |
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| 24 | 24 | | (B) temporary total disability; or |
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| 25 | 25 | | (C) total and permanent disability. |
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| 26 | 26 | | (b) In this section, "severance pay" means dismissal or |
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| 27 | 27 | | separation income paid on termination of employment in addition to |
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| 28 | 28 | | the employee's usual earnings from the employer at the time of |
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| 29 | 29 | | termination. The term does not include any remuneration received |
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| 30 | 30 | | by an employee under: |
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| 31 | 31 | | (1) a release of claims or settlement agreement |
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| 32 | 32 | | entered into between the employee and the employer: |
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| 33 | 33 | | (A) based on an alleged violation of the Civil |
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| 34 | 34 | | Rights Act of 1991 (Pub. L. No. 102-166); or |
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| 35 | 35 | | (B) pursuant to a claim or cause of action filed |
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| 36 | 36 | | in connection with the employment relationship; or |
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| 37 | 37 | | (2) a written contract, including a collective |
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| 38 | 38 | | bargaining agreement, negotiated with the employer before the date |
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| 39 | 39 | | of separation from employment of the employee. |
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| 40 | 40 | | (c) The commission may adopt rules as necessary to |
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| 41 | 41 | | administer this section. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to a claim for unemployment compensation benefits that is filed |
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| 44 | 44 | | with the Texas Workforce Commission on or after the effective date |
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| 45 | 45 | | of this Act. A claim filed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the claim was filed, and |
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| 47 | 47 | | the former law is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 49 | 49 | | * * * * * |
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