Texas 2017 - 85th Regular

Texas House Bill HB3890 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13106 SMT-D
2	2	By: Neave H.B. No. 3890
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a self-employment assistance program for unemployed
8	8	individuals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 207.021(a), Labor Code, is amended to
11	11	read as follows:
12	12	(a) Except as provided by Chapters [Chapter] 215 and 216, an
13	13	unemployed individual is eligible to receive benefits for a benefit
14	14	period if the individual:
15	15	(1) has registered for work at an employment office
16	16	and has continued to report to the employment office as required by
17	17	rules adopted by the commission;
18	18	(2) has made a claim for benefits under Section
19	19	208.001;
20	20	(3) is able to work;
21	21	(4) is available for work;
22	22	(5) is actively seeking work in accordance with rules
23	23	adopted by the commission;
24	24	(6) for the individual's base period, has benefit wage
25	25	credits:
26	26	(A) in at least two calendar quarters; and
27	27	(B) in an amount not less than 37 times the
28	28	individual's benefit amount;
29	29	(7) after the beginning date of the individual's most
30	30	recent prior benefit year, if applicable, earned wages in an amount
31	31	equal to not less than six times the individual's benefit amount;
32	32	(8) has been totally or partially unemployed for a
33	33	waiting period of at least seven consecutive days; and
34	34	(9) participates in reemployment services, such as a
35	35	job search assistance service, if the individual has been
36	36	determined, according to a profiling system established by the
37	37	commission, to be likely to exhaust eligibility for regular
38	38	benefits and to need those services to obtain new employment,
39	39	unless:
40	40	(A) the individual has completed participation
41	41	in such a service; or
42	42	(B) there is reasonable cause, as determined by
43	43	the commission, for the individual's failure to participate in
44	44	those services.
45	45	SECTION 2. Subtitle A, Title 4, Labor Code, is amended by
46	46	adding Chapter 216 to read as follows:
47	47	CHAPTER 216. SELF-EMPLOYMENT ASSISTANCE PROGRAM
48	48	Sec. 216.001. DEFINITIONS. In this chapter:
49	49	(1) "Self-employment activity" means a
50	50	commission-approved activity that furthers an individual's goal to
51	51	start a business.
52	52	(2) "Self-employment assistance allowance" means an
53	53	unemployment compensation benefit payable to an individual engaged
54	54	in a self-employment activity.
55	55	Sec. 216.002. SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The
56	56	commission shall establish and administer a self-employment
57	57	assistance program to provide financial assistance to an eligible
58	58	individual seeking to start a business.
59	59	(b) Subject to the requirements of this chapter, an
60	60	individual participating in the self-employment assistance program
61	61	may receive a self-employment assistance allowance in lieu of and
62	62	in an amount equal to the individual's benefit amount.
63	63	(c) Any self-employment assistance allowance payments made
64	64	to an individual under this chapter are included for purposes of
65	65	determining whether the individual has received the maximum amount
66	66	of benefits for which the individual is eligible as provided by
67	67	Section 207.005.
68	68	Sec. 216.003. COMMISSION DUTIES. (a) The commission by
69	69	rule shall establish eligibility criteria for an individual
70	70	participating in the self-employment assistance program.
71	71	(b) The commission shall establish weekly self-employment
72	72	activity requirements for an individual to qualify to receive a
73	73	self-employment assistance allowance.
74	74	(c) The commission shall adopt rules as necessary to comply
75	75	with any federal requirement applicable to a self-employment
76	76	assistance program.
77	77	Sec. 216.004. ELIGIBILITY. (a) An individual is eligible
78	78	to participate in the self-employment assistance program if the
79	79	individual:
80	80	(1) is likely to exhaust the individual's regular
81	81	benefits; and
82	82	(2) meets any eligibility criteria established by the
83	83	commission.
84	84	(b) An individual is eligible to receive a self-employment
85	85	assistance allowance for a week in which the individual is engaged
86	86	in a self-employment activity and meets all the eligibility
87	87	requirements under Chapter 207 to receive benefits other than the
88	88	requirements of Sections 207.021(a)(4) and (5).
89	89	Sec. 216.005. LIMITATION ON PARTICIPATION. At any time,
90	90	the aggregate number of individuals receiving self-employment
91	91	assistance allowances may not exceed five percent of the number of
92	92	individuals receiving regular benefits under this subtitle.
93	93	SECTION 3. Not later than June 30, 2018, the Texas Workforce
94	94	Commission shall adopt the rules required by Chapter 216, Labor
95	95	Code, as added by this Act.
96	96	SECTION 4. This Act takes effect September 1, 2017.