Texas 2021 - 87th Regular

Texas House Bill HB2128 Compare Versions

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

Old	New	Differences
1	1	87R1457 KSD-D
2	2	By: Turner of Tarrant H.B. No. 2128
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to alternative base periods for the computation of
8	8	unemployment compensation benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 201, Labor Code, is
11	11	amended by adding Section 201.013 to read as follows:
12	12	Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATIVE BASE
13	13	PERIODS. (a) For purposes of this subtitle and subject to this
14	14	section, an individual's base period is the four consecutive
15	15	completed calendar quarters, prescribed by the commission, in the
16	16	five consecutive completed calendar quarters preceding the first
17	17	day of an individual's benefit year.
18	18	(b) For an individual precluded because of a medically
19	19	verifiable illness or injury from working during a major part of a
20	20	calendar quarter of the period that would otherwise be the
21	21	individual's base period under Subsection (a), the base period is
22	22	the first four calendar quarters of the five consecutive calendar
23	23	quarters preceding the calendar quarter in which the illness began
24	24	or the injury occurred if the individual files an initial claim for
25	25	benefits not later than 24 months after the date on which the
26	26	individual's illness or injury began or occurred.
27	27	(c) For an individual who does not have sufficient benefit
28	28	wage credits to qualify for benefits under the computation of the
29	29	base period as provided by Subsection (a) or (b), the base period is
30	30	the four most recently completed calendar quarters preceding the
31	31	first day of the individual's benefit year.
32	32	(d) For an individual who does not have sufficient benefit
33	33	wage credits to qualify for benefits under the computation of the
34	34	base period as provided by Subsection (a), (b), or (c), the base
35	35	period is the three most recently completed calendar quarters
36	36	preceding the first day of the individual's benefit year and the
37	37	portion of the calendar quarter in which the individual's benefit
38	38	year commences that occurs before the first day of the individual's
39	39	benefit year.
40	40	(e) For purposes of establishing qualifications for
41	41	benefits under the base period computation provided under
42	42	Subsection (c) or (d), an individual for whom wage information for
43	43	the most recent calendar quarter or current calendar quarter is not
44	44	yet accessible to or obtainable by the commission may demonstrate
45	45	that qualification by providing an affidavit supported by payroll
46	46	documentation available to the individual for that calendar
47	47	quarter. The commission by rule shall adopt a procedure for an
48	48	individual to provide the affidavit and documentation permitted
49	49	under this subsection.
50	50	SECTION 2. Section 201.011(1), Labor Code, is repealed.
51	51	SECTION 3. This Act applies only to eligibility for
52	52	unemployment compensation benefits based on a claim that is filed
53	53	with the Texas Workforce Commission on or after the effective date
54	54	of this Act. A claim filed before the effective date of this Act is
55	55	governed by the law in effect on the date the claim was filed, and
56	56	the former law is continued in effect for that purpose.
57	57	SECTION 4. This Act takes effect September 1, 2021.