Texas 2013 - 83rd Regular

Texas House Bill HB2035 Compare Versions

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1	1	By: Vo (Senate Sponsor - Eltife) H.B. No. 2035
2	2	(In the Senate - Received from the House April 15, 2013;
3	3	April 17, 2013, read first time and referred to Committee on
4	4	Administration; April 23, 2013, reported favorably by the
5	5	following vote: Yeas 4, Nays 0; April 23, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the shared work unemployment compensation program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 204.022, Labor Code, is amended by
13	13	adding Subsection (f) to read as follows:
14	14	(f) Shared work benefits paid under Chapter 215 may not be
15	15	charged to the account of an employer if the benefits are reimbursed
16	16	by the federal government under the federal Layoff Prevention Act
17	17	of 2012 (Pub. L. No. 112-96, Subtitle D, Title II).
18	18	SECTION 2. Section 215.001, Labor Code, is amended by
19	19	amending Subdivision (2) and adding Subdivision (9) to read as
20	20	follows:
21	21	(2) "Fringe benefit" means health insurance, a
22	22	retirement benefit received under a defined benefit plan, as
23	23	defined by 26 U.S.C. Section 414(j), or under a defined
24	24	contribution plan, as defined by 26 U.S.C. Section 414(i) [pension
25	25	plan], a paid vacation day, a paid holiday, sick leave, or any other
26	26	similar employee benefit provided by an employer.
27	27	(9) "Training" means commission-approved voluntary
28	28	training sponsored by an employer or funded under the Workforce
29	29	Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) that is
30	30	designed to enhance a participant's job skills.
31	31	SECTION 3. Section 215.022, Labor Code, is amended to read
32	32	as follows:
33	33	Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The
34	34	commission may approve a shared work plan if:
35	35	(1) the plan:
36	36	(A) applies to and identifies a specific affected
37	37	unit;
38	38	(B) identifies the employees in the affected unit
39	39	by name and social security number and describes how the employees
40	40	will be notified in advance of the plan, if feasible;
41	41	(C) provides an estimate of the number of
42	42	employees who would be laid off if the employer does not participate
43	43	in the shared work plan;
44	44	(D) [(C)] reduces the normal weekly hours of work
45	45	for an employee in the affected unit by at least 10 percent but not
46	46	more than 40 percent;
47	47	(E) [(D)] applies to at least 10 percent of the
48	48	employees in the affected unit; and
49	49	(F) permits eligible employees to participate in
50	50	training [(E) describes the manner in which the participating
51	51	employer treats the fringe benefits of each employee in the
52	52	affected unit];
53	53	(2) the employer certifies that the implementation of
54	54	a shared work plan and the resulting reduction in work hours is in
55	55	lieu of [temporary] layoffs that would:
56	56	(A) affect at least 10 percent of the employees
57	57	in the affected unit; and
58	58	(B) result in an equivalent reduction in work
59	59	hours; [and]
60	60	(3) the employer certifies that:
61	61	(A) if the employer currently provides fringe
62	62	benefits, the fringe benefits continue for employees in the
63	63	affected unit unless those benefits are not continued for employees
64	64	not participating in the shared work plan; and
65	65	(B) participation in the shared work plan is
66	66	consistent with the employer's obligations under state and federal
67	67	law; and
68	68	(4) the employer agrees to furnish the commission
69	69	reports relating to the operation of the plan as requested by the
70	70	commission and any other information the United States secretary of
71	71	labor determines is appropriate.
72	72	(b) A shared work plan may not be implemented to subsidize a
73	73	seasonal employer during the off-season [or to subsidize an
74	74	employer who traditionally has used part-time employees].
75	75	SECTION 4. The change in law made by this Act applies only
76	76	to a shared work plan submitted by an employer to the Texas
77	77	Workforce Commission on or after the effective date of this Act. A
78	78	shared work plan submitted before the effective date of this Act is
79	79	governed by the law in effect on the date the plan was submitted,
80	80	and the former law is continued in effect for that purpose.
81	81	SECTION 5. This Act takes effect September 1, 2013.
82	82	* * * * *