Texas 2013 - 83rd Regular

Texas Senate Bill SB919 Compare Versions

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1	1	By: Eltife S.B. No. 919
2	2	(In the Senate - Filed February 27, 2013; March 5, 2013,
3	3	read first time and referred to Committee on Economic Development;
4	4	April 4, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 4, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 919 By: Eltife
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the shared work unemployment compensation program.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 204.022, Labor Code, is amended by
15	15	adding Subsection (f) to read as follows:
16	16	(f) Shared work benefits paid under Chapter 215 may not be
17	17	charged to the account of an employer if the benefits are reimbursed
18	18	by the federal government under the federal Layoff Prevention Act
19	19	of 2012 (Pub. L. No. 112-96, Subtitle D, Title II).
20	20	SECTION 2. Section 215.001, Labor Code, is amended by
21	21	amending Subdivision (2) and adding Subdivision (9) to read as
22	22	follows:
23	23	(2) "Fringe benefit" means health insurance, a
24	24	retirement benefit received under a defined benefit plan, as
25	25	defined by 26 U.S.C. Section 414(j), or under a defined
26	26	contribution plan, as defined by 26 U.S.C. Section 414(i) [pension
27	27	plan], a paid vacation day, a paid holiday, sick leave, or any other
28	28	similar employee benefit provided by an employer.
29	29	(9) "Training" means commission-approved voluntary
30	30	training sponsored by an employer or funded under the Workforce
31	31	Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) that is
32	32	designed to enhance a participant's job skills.
33	33	SECTION 3. Section 215.022, Labor Code, is amended to read
34	34	as follows:
35	35	Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The
36	36	commission may approve a shared work plan if:
37	37	(1) the plan:
38	38	(A) applies to and identifies a specific affected
39	39	unit;
40	40	(B) identifies the employees in the affected unit
41	41	by name and social security number and describes how the employees
42	42	will be notified in advance of the plan, if feasible;
43	43	(C) provides an estimate of the number of
44	44	employees who would be laid off if the employer does not participate
45	45	in the shared work plan;
46	46	(D) [(C)] reduces the normal weekly hours of work
47	47	for an employee in the affected unit by at least 10 percent but not
48	48	more than 40 percent;
49	49	(E) [(D)] applies to at least 10 percent of the
50	50	employees in the affected unit; and
51	51	(F) permits eligible employees to participate in
52	52	training [(E) describes the manner in which the participating
53	53	employer treats the fringe benefits of each employee in the
54	54	affected unit];
55	55	(2) the employer certifies that the implementation of
56	56	a shared work plan and the resulting reduction in work hours is in
57	57	lieu of [temporary] layoffs that would:
58	58	(A) affect at least 10 percent of the employees
59	59	in the affected unit; and
60	60	(B) result in an equivalent reduction in work
61	61	hours; [and]
62	62	(3) the employer certifies that:
63	63	(A) if the employer currently provides fringe
64	64	benefits, the fringe benefits continue for employees in the
65	65	affected unit unless those benefits are not continued for employees
66	66	not participating in the shared work plan; and
67	67	(B) participation in the shared work plan is
68	68	consistent with the employer's obligations under state and federal
69	69	law; and
70	70	(4) the employer agrees to furnish the commission
71	71	reports relating to the operation of the plan as requested by the
72	72	commission and any other information the United States secretary of
73	73	labor determines is appropriate.
74	74	(b) A shared work plan may not be implemented to subsidize a
75	75	seasonal employer during the off-season [or to subsidize an
76	76	employer who traditionally has used part-time employees].
77	77	SECTION 4. The change in law made by this Act applies only
78	78	to a shared work plan submitted by an employer to the Texas
79	79	Workforce Commission on or after the effective date of this Act. A
80	80	shared work plan submitted before the effective date of this Act is
81	81	governed by the law in effect on the date the plan was submitted,
82	82	and the former law is continued in effect for that purpose.
83	83	SECTION 5. This Act takes effect September 1, 2013.
84	84	* * * * *