85R13106 SMT-D
By: Neave H.B. No. 3890
A BILL TO BE ENTITLED
AN ACT
relating to a self-employment assistance program for unemployed
individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.021(a), Labor Code, is amended to
read as follows:
(a) Except as provided by Chapters [Chapter] 215 and 216, an
unemployed individual is eligible to receive benefits for a benefit
period if the individual:
(1) has registered for work at an employment office
and has continued to report to the employment office as required by
rules adopted by the commission;
(2) has made a claim for benefits under Section
208.001;
(3) is able to work;
(4) is available for work;
(5) is actively seeking work in accordance with rules
adopted by the commission;
(6) for the individual's base period, has benefit wage
credits:
(A) in at least two calendar quarters; and
(B) in an amount not less than 37 times the
individual's benefit amount;
(7) after the beginning date of the individual's most
recent prior benefit year, if applicable, earned wages in an amount
equal to not less than six times the individual's benefit amount;
(8) has been totally or partially unemployed for a
waiting period of at least seven consecutive days; and
(9) participates in reemployment services, such as a
job search assistance service, if the individual has been
determined, according to a profiling system established by the
commission, to be likely to exhaust eligibility for regular
benefits and to need those services to obtain new employment,
unless:
(A) the individual has completed participation
in such a service; or
(B) there is reasonable cause, as determined by
the commission, for the individual's failure to participate in
those services.
SECTION 2. Subtitle A, Title 4, Labor Code, is amended by
adding Chapter 216 to read as follows:
CHAPTER 216. SELF-EMPLOYMENT ASSISTANCE PROGRAM
Sec. 216.001. DEFINITIONS. In this chapter:
(1) "Self-employment activity" means a
commission-approved activity that furthers an individual's goal to
start a business.
(2) "Self-employment assistance allowance" means an
unemployment compensation benefit payable to an individual engaged
in a self-employment activity.
Sec. 216.002. SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The
commission shall establish and administer a self-employment
assistance program to provide financial assistance to an eligible
individual seeking to start a business.
(b) Subject to the requirements of this chapter, an
individual participating in the self-employment assistance program
may receive a self-employment assistance allowance in lieu of and
in an amount equal to the individual's benefit amount.
(c) Any self-employment assistance allowance payments made
to an individual under this chapter are included for purposes of
determining whether the individual has received the maximum amount
of benefits for which the individual is eligible as provided by
Section 207.005.
Sec. 216.003. COMMISSION DUTIES. (a) The commission by
rule shall establish eligibility criteria for an individual
participating in the self-employment assistance program.
(b) The commission shall establish weekly self-employment
activity requirements for an individual to qualify to receive a
self-employment assistance allowance.
(c) The commission shall adopt rules as necessary to comply
with any federal requirement applicable to a self-employment
assistance program.
Sec. 216.004. ELIGIBILITY. (a) An individual is eligible
to participate in the self-employment assistance program if the
individual:
(1) is likely to exhaust the individual's regular
benefits; and
(2) meets any eligibility criteria established by the
commission.
(b) An individual is eligible to receive a self-employment
assistance allowance for a week in which the individual is engaged
in a self-employment activity and meets all the eligibility
requirements under Chapter 207 to receive benefits other than the
requirements of Sections 207.021(a)(4) and (5).
Sec. 216.005. LIMITATION ON PARTICIPATION. At any time,
the aggregate number of individuals receiving self-employment
assistance allowances may not exceed five percent of the number of
individuals receiving regular benefits under this subtitle.
SECTION 3. Not later than June 30, 2018, the Texas Workforce
Commission shall adopt the rules required by Chapter 216, Labor
Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2017.