Texas 2021 - 87th Regular

Texas House Bill HB157 Compare Versions

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

Old	New	Differences
1	1	87R1193 KKR-D
2	2	By: Rodriguez H.B. No. 157
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements regarding an employee's normal weekly
8	8	hours of work under the shared work unemployment compensation
9	9	program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 215.022(a), Labor Code, is amended to
12	12	read as follows:
13	13	(a) The commission may approve a shared work plan if:
14	14	(1) the plan:
15	15	(A) applies to and identifies a specific affected
16	16	unit;
17	17	(B) identifies the employees in the affected unit
18	18	by name and social security number and describes how the employees
19	19	will be notified in advance of the plan, if feasible;
20	20	(C) provides an estimate of the number of
21	21	employees who would be laid off if the employer does not participate
22	22	in the shared work plan;
23	23	(D) reduces the normal weekly hours of work for
24	24	an employee in the affected unit by at least 10 percent but not more
25	25	than 60 [40] percent;
26	26	(E) applies to at least 10 percent of the
27	27	employees in the affected unit; and
28	28	(F) permits eligible employees to participate in
29	29	training;
30	30	(2) the employer certifies that the implementation of
31	31	a shared work plan and the resulting reduction in work hours is in
32	32	lieu of layoffs that would:
33	33	(A) affect at least 10 percent of the employees
34	34	in the affected unit; and
35	35	(B) result in an equivalent reduction in work
36	36	hours;
37	37	(3) the employer certifies that:
38	38	(A) if the employer currently provides fringe
39	39	benefits, the fringe benefits continue for employees in the
40	40	affected unit unless those benefits are not continued for employees
41	41	not participating in the shared work plan; and
42	42	(B) participation in the shared work plan is
43	43	consistent with the employer's obligations under state and federal
44	44	law; and
45	45	(4) the employer agrees to furnish the commission
46	46	reports relating to the operation of the plan as requested by the
47	47	commission and any other information the United States secretary of
48	48	labor determines is appropriate.
49	49	SECTION 2. Section 215.041(b), Labor Code, is amended to
50	50	read as follows:
51	51	(b) An individual is eligible to receive shared work
52	52	benefits for a week in which:
53	53	(1) the individual is employed as a member of an
54	54	affected unit subject to a shared work plan that was approved before
55	55	that week and is in effect for that week;
56	56	(2) the individual is able to work and is available for
57	57	additional hours of work or for full-time work with the
58	58	participating employer; and
59	59	(3) the individual's normal weekly hours of work have
60	60	been reduced by at least 10 percent but not more than 60 [40]
61	61	percent, with a corresponding reduction in wages.
62	62	SECTION 3. (a) The change in law made by this Act applies
63	63	only to an initial shared work plan or a shared work plan
64	64	modification submitted by an employer to the Texas Workforce
65	65	Commission on or after the effective date of this Act. An initial
66	66	shared work plan or a shared work plan modification submitted
67	67	before the effective date of this Act is governed by the law as it
68	68	existed on the date the plan or modification was submitted, and the
69	69	former law is continued in effect for that purpose.
70	70	(b) A shared work plan modification submitted to the Texas
71	71	Workforce Commission on or after the effective date of this Act that
72	72	modifies a shared work plan approved by the commission before the
73	73	effective date and would reduce an individual's normal weekly hours
74	74	of work more than 40 percent is considered to be a substantial
75	75	modification under Section 215.025, Labor Code, and the modified
76	76	plan must be evaluated and approved by the commission as provided by
77	77	that section before implementation.
78	78	SECTION 4. This Act takes effect September 1, 2021.