87R1457 KSD-D
By: Turner of Tarrant H.B. No. 2128
A BILL TO BE ENTITLED
AN ACT
relating to alternative base periods for the computation of
unemployment compensation benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 201, Labor Code, is
amended by adding Section 201.013 to read as follows:
Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATIVE BASE
PERIODS. (a) For purposes of this subtitle and subject to this
section, an individual's base period is the four consecutive
completed calendar quarters, prescribed by the commission, in the
five consecutive completed calendar quarters preceding the first
day of an individual's benefit year.
(b) For an individual precluded because of a medically
verifiable illness or injury from working during a major part of a
calendar quarter of the period that would otherwise be the
individual's base period under Subsection (a), the base period is
the first four calendar quarters of the five consecutive calendar
quarters preceding the calendar quarter in which the illness began
or the injury occurred if the individual files an initial claim for
benefits not later than 24 months after the date on which the
individual's illness or injury began or occurred.
(c) For an individual who does not have sufficient benefit
wage credits to qualify for benefits under the computation of the
base period as provided by Subsection (a) or (b), the base period is
the four most recently completed calendar quarters preceding the
first day of the individual's benefit year.
(d) For an individual who does not have sufficient benefit
wage credits to qualify for benefits under the computation of the
base period as provided by Subsection (a), (b), or (c), the base
period is the three most recently completed calendar quarters
preceding the first day of the individual's benefit year and the
portion of the calendar quarter in which the individual's benefit
year commences that occurs before the first day of the individual's
benefit year.
(e) For purposes of establishing qualifications for
benefits under the base period computation provided under
Subsection (c) or (d), an individual for whom wage information for
the most recent calendar quarter or current calendar quarter is not
yet accessible to or obtainable by the commission may demonstrate
that qualification by providing an affidavit supported by payroll
documentation available to the individual for that calendar
quarter. The commission by rule shall adopt a procedure for an
individual to provide the affidavit and documentation permitted
under this subsection.
SECTION 2. Section 201.011(1), Labor Code, is repealed.
SECTION 3. This Act applies only to eligibility for
unemployment compensation benefits based on a claim that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before the effective date of this Act is
governed by the law in effect on the date the claim was filed, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.