| 1 | 1 | | 87R970 KSD-D |
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| 2 | 2 | | By: Deshotel H.B. No. 1782 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to alternative base periods for the computation of |
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| 8 | 8 | | unemployment compensation benefits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 201, Labor Code, is |
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| 11 | 11 | | amended by adding Section 201.013 to read as follows: |
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| 12 | 12 | | Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATIVE BASE |
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| 13 | 13 | | PERIODS. (a) For purposes of this subtitle and subject to this |
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| 14 | 14 | | section, an individual's base period is the four consecutive |
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| 15 | 15 | | completed calendar quarters, prescribed by the commission, in the |
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| 16 | 16 | | five consecutive completed calendar quarters preceding the first |
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| 17 | 17 | | day of an individual's benefit year. |
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| 18 | 18 | | (b) For an individual precluded because of a medically |
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| 19 | 19 | | verifiable illness or injury from working during a major part of a |
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| 20 | 20 | | calendar quarter of the period that would otherwise be the |
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| 21 | 21 | | individual's base period under Subsection (a), the base period is |
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| 22 | 22 | | the first four calendar quarters of the five consecutive calendar |
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| 23 | 23 | | quarters preceding the calendar quarter in which the illness began |
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| 24 | 24 | | or the injury occurred if the individual files an initial claim for |
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| 25 | 25 | | benefits not later than 24 months after the date on which the |
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| 26 | 26 | | individual's illness or injury began or occurred. |
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| 27 | 27 | | (c) For an individual who does not have sufficient benefit |
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| 28 | 28 | | wage credits to qualify for benefits under the computation of the |
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| 29 | 29 | | base period as provided by Subsection (a) or (b), the base period is |
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| 30 | 30 | | the four most recently completed calendar quarters preceding the |
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| 31 | 31 | | first day of the individual's benefit year. |
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| 32 | 32 | | (d) For purposes of establishing qualifications for |
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| 33 | 33 | | benefits under the base period computation provided under |
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| 34 | 34 | | Subsection (c), an individual for whom wage information for the |
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| 35 | 35 | | most recent calendar quarter is not yet accessible to or obtainable |
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| 36 | 36 | | by the commission may demonstrate that qualification by providing |
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| 37 | 37 | | an affidavit supported by payroll documentation available to the |
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| 38 | 38 | | individual for that calendar quarter. The commission by rule shall |
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| 39 | 39 | | adopt a procedure for an individual to provide the affidavit and |
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| 40 | 40 | | documentation permitted under this subsection. |
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| 41 | 41 | | SECTION 2. Section 201.011(1), Labor Code, is repealed. |
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| 42 | 42 | | SECTION 3. This Act applies only to eligibility for |
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| 43 | 43 | | unemployment compensation benefits based on a claim that is filed |
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| 44 | 44 | | with the Texas Workforce Commission on or after the effective date |
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| 45 | 45 | | of this Act. A claim filed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the claim was filed, and |
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| 47 | 47 | | the former law is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2021. |
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