TX
Texas House Bill HB3620

Texas 2021 - 87th Regular

Texas House Bill HB3620 Compare Versions

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1-87R19037 RDS-D
1+87R10417 RDS-D
22 By: Turner of Tarrant H.B. No. 3620
3- Substitute the following for H.B. No. 3620:
4- By: Turner of Tarrant C.S.H.B. No. 3620
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to unemployment compensation benefits.
108 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11- SECTION 1. Section 207.003(b), Labor Code, is amended to
12- read as follows:
13- (b) The amount of a partial benefit is computed by:
14- (1) adding the individual's benefit amount and [the
15- greater of $5 or] 25 percent of the maximum weekly benefit amount
16- computed under Section 207.002(b); and
17- (2) subtracting the amount of the wages earned by the
18- individual during the benefit period from the amount computed under
19- Subdivision (1).
9+ SECTION 1. Subchapter B, Chapter 201, Labor Code, is
10+ amended by adding Section 201.013 to read as follows:
11+ Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATIVE BASE
12+ PERIODS. (a) For purposes of this subtitle and subject to this
13+ section, an individual's base period is the four consecutive
14+ completed calendar quarters, prescribed by the commission, in the
15+ five consecutive completed calendar quarters preceding the first
16+ day of an individual's benefit year.
17+ (b) For an individual precluded because of a medically
18+ verifiable illness or injury from working during a major part of a
19+ calendar quarter of the period that would otherwise be the
20+ individual's base period under Subsection (a), the base period is
21+ the first four calendar quarters of the five consecutive calendar
22+ quarters preceding the calendar quarter in which the illness began
23+ or the injury occurred if the individual files an initial claim for
24+ benefits not later than 24 months after the date on which the
25+ individual's illness or injury began or occurred.
26+ (c) For an individual who does not have sufficient benefit
27+ wage credits to qualify for benefits under the computation of the
28+ base period as provided by Subsection (a) or (b), the base period is
29+ the four most recently completed calendar quarters preceding the
30+ first day of the individual's benefit year.
31+ (d) For an individual who does not have sufficient benefit
32+ wage credits to qualify for benefits under the computation of the
33+ base period as provided by Subsection (a), (b), or (c), the base
34+ period is the three most recently completed calendar quarters
35+ preceding the first day of the individual's benefit year and the
36+ portion of the calendar quarter in which the individual's benefit
37+ year commences that occurs before the first day of the individual's
38+ benefit year.
39+ (e) For purposes of establishing qualifications for
40+ benefits under the base period computation provided under
41+ Subsection (c) or (d), an individual for whom wage information for
42+ the most recent calendar quarter or current calendar quarter is not
43+ yet accessible to or obtainable by the commission may demonstrate
44+ that qualification by providing an affidavit supported by payroll
45+ documentation available to the individual for that calendar
46+ quarter. The commission by rule shall adopt a procedure for an
47+ individual to provide the affidavit and documentation permitted
48+ under this subsection.
2049 SECTION 2. Section 207.008(b), Labor Code, is amended to
2150 read as follows:
2251 (b) Notwithstanding any other provision of this subtitle,
2352 work is not suitable and benefits may not be denied under this
2453 subtitle to an otherwise eligible individual for refusal to accept
2554 new work if:
2655 (1) the position offered is vacant directly because of
2756 a strike, lockout, or other labor dispute;
2857 (2) the wages, hours, or other conditions of the work
2958 offered are substantially less favorable to the individual than
3059 those prevailing for similar work in the locality; [or]
3160 (3) as a condition of being employed, the individual
3261 is required to join a company union or to resign from or refrain
3362 from joining a bona fide labor organization;
3463 (4) the place of performance of the work offered is in
3564 violation of federal, state, or local protocols relating to the
3665 spread of infectious diseases, including COVID-19; or
3766 (5) the work offered presents an unreasonable risk of
3867 exposure to infectious diseases, including COVID-19, that cannot be
3968 mitigated with reasonable care.
40- SECTION 3. Section 207.021(a), Labor Code, is amended to
69+ SECTION 3. Subchapter B, Chapter 207, Labor Code, is
70+ amended by adding Section 207.0213 to read as follows:
71+ Sec. 207.0213. TEMPORARY WAIVER OF CERTAIN ELIGIBILITY
72+ CONDITIONS. (a) Notwithstanding Section 207.021, if the commission
73+ finds that in any seven-day period the number of initial claims
74+ filed under this subtitle is more than five times the number of
75+ initial claims filed under this subtitle in the preceding seven-day
76+ period, the commission shall suspend for a period of 30 days the
77+ following eligibility conditions to authorize an individual who is
78+ otherwise eligible to receive benefits under this subtitle to
79+ receive those benefits:
80+ (1) the condition imposed under Section 207.021(a)(5)
81+ that an individual be actively seeking work; and
82+ (2) the condition imposed under Section 207.021(a)(8)
83+ that an individual have been totally or partially unemployed for a
84+ waiting period.
85+ (b) The period of a suspension imposed under Subsection (a)
86+ begins on the first day of the seven-day period in which the
87+ increased number of initial claims were filed.
88+ SECTION 4. Section 207.048, Labor Code, is amended by
89+ amending Subsections (a), (b), and (f) and adding Subsection (g) to
4190 read as follows:
42- (a) Except as provided by Chapter 215, an unemployed
43- individual is eligible to receive benefits for a benefit period if
44- the individual:
45- (1) has registered for work at an employment office
46- and has continued to report to the employment office as required by
47- rules adopted by the commission;
48- (2) has made a claim for benefits under Section
49- 208.001;
50- (3) is able to work;
51- (4) is available for work;
52- (5) is actively seeking work in accordance with rules
53- adopted by the commission;
54- (6) for the individual's base period, has benefit wage
55- credits:
56- (A) in at least two calendar quarters; and
57- (B) in an amount not less than 37 times the
58- individual's benefit amount;
59- (7) after the beginning date of the individual's most
60- recent prior benefit year, if applicable, earned wages in an amount
61- equal to not less than six times the individual's benefit amount;
62- and
63- (8) [has been totally or partially unemployed for a
64- waiting period of at least seven consecutive days; and
65- [(9)] participates in reemployment services, such as a
66- job search assistance service, if the individual has been
67- determined, according to a profiling system established by the
68- commission, to be likely to exhaust eligibility for regular
69- benefits and to need those services to obtain new employment,
70- unless:
71- (A) the individual has completed participation
72- in such a service; or
73- (B) there is reasonable cause, as determined by
74- the commission, for the individual's failure to participate in
75- those services.
76- SECTION 4. Section 208.001, Labor Code, is amended by
91+ (a) An individual is disqualified for benefits for a benefit
92+ period in which the individual's total or partial unemployment is
93+ caused by[:
94+ [(1)] the individual's stoppage of work because of a
95+ labor dispute at the factory, establishment, or other premises
96+ where the individual is or was last employed[; or
97+ [(2) a labor dispute at another place that:
98+ [(A) is owned or operated by the same employing
99+ unit that owns or operates the premises where the individual is or
100+ was last employed; and
101+ [(B) supplies material or services necessary to
102+ the continued and usual operation of the premises where the
103+ individual is or was last employed].
104+ (b) Disqualification for benefits under this section does
105+ not apply to an individual who shows to the satisfaction of the
106+ commission that the individual:
107+ (1) is not participating in, financing, or directly
108+ interested in the labor dispute; [and]
109+ (2) does not belong to a grade or class of workers any
110+ members of which were employed at the premises of the labor dispute
111+ immediately before the beginning of the labor dispute and any of
112+ whom are participating in, financing, or directly interested in the
113+ dispute;
114+ (3) has been locked out of the individual's place of
115+ employment; or
116+ (4) has been placed on emergency leave without pay by
117+ the individual's employer.
118+ (f) For the purposes of this section:
119+ (1) "Locked out" means the denial of entry by an
120+ employer to the place of employment of employees of that employer
121+ who have not:
122+ (A) gone on strike; or
123+ (B) notified the employer of a date on which the
124+ employees intend to go on strike.
125+ (2) "Premises" [, "premises"] includes a vessel.
126+ (g) For the purposes of Subsection (b), the payment of
127+ regular union dues by an individual does not constitute financing a
128+ labor dispute.
129+ SECTION 5. Section 208.001, Labor Code, is amended by
77130 adding Subsection (c) to read as follows:
78131 (c) As soon as practicable after an individual files an
79132 initial claim for benefits, the commission shall provide to the
80133 individual a written notice containing general information about
81134 eligibility and enrollment for health care insurance coverage under
82135 the Patient Protection and Affordable Care Act (Pub. L.
83136 No. 111-148) as amended by the Health Care and Education
84137 Reconciliation Act of 2010 (Pub. L. No. 111-152). The commission
85138 shall adopt rules for the form and content of the notice provided
86139 under this subsection.
87- SECTION 5. Subchapter A, Chapter 215, Labor Code, is
88- amended by adding Section 215.003 to read as follows:
89- Sec. 215.003. NOTICE TO EMPLOYERS. At least annually, the
90- commission shall provide written notice to employers regarding the
91- shared work program. The notice must include a description of the
92- benefits available under the program and the requirements for a
93- shared work plan under the program.
94- SECTION 6. Section 215.022(a), Labor Code, is amended to
95- read as follows:
96- (a) The commission may approve a shared work plan if:
97- (1) the plan:
98- (A) applies to and identifies a specific affected
99- unit;
100- (B) identifies the employees in the affected unit
101- by name and social security number and describes how the employees
102- will be notified in advance of the plan, if feasible;
103- (C) provides an estimate of the number of
104- employees who would be laid off if the employer does not participate
105- in the shared work plan;
106- (D) reduces the normal weekly hours of work for
107- an employee in the affected unit by at least 10 percent but not more
108- than 60 [40] percent;
109- (E) applies to at least 10 percent of the
110- employees in the affected unit; and
111- (F) permits eligible employees to participate in
112- training;
113- (2) the employer certifies that the implementation of
114- a shared work plan and the resulting reduction in work hours is in
115- lieu of layoffs that would:
116- (A) affect at least 10 percent of the employees
117- in the affected unit; and
118- (B) result in an equivalent reduction in work
119- hours;
120- (3) the employer certifies that:
121- (A) if the employer currently provides fringe
122- benefits, the fringe benefits continue for employees in the
123- affected unit unless those benefits are not continued for employees
124- not participating in the shared work plan; and
125- (B) participation in the shared work plan is
126- consistent with the employer's obligations under state and federal
127- law; and
128- (4) the employer agrees to furnish the commission
129- reports relating to the operation of the plan as requested by the
130- commission and any other information the United States secretary of
131- labor determines is appropriate.
132- SECTION 7. Section 215.041(b), Labor Code, is amended to
133- read as follows:
134- (b) An individual is eligible to receive shared work
135- benefits for a week in which:
136- (1) the individual is employed as a member of an
137- affected unit subject to a shared work plan that was approved before
138- that week and is in effect for that week;
139- (2) the individual is able to work and is available for
140- additional hours of work or for full-time work with the
141- participating employer; and
142- (3) the individual's normal weekly hours of work have
143- been reduced by at least 10 percent but not more than 60 [40]
144- percent, with a corresponding reduction in wages.
145- SECTION 8. The following provisions are repealed:
146- (1) Sections 207.021(b) and (c), Labor Code; and
147- (2) Section 207.0212, Labor Code.
148- SECTION 9. Sections 207.003(b), 207.008(b), and
149- 207.021(a), Labor Code, as amended by this Act, apply only to a
150- claim for unemployment compensation benefits filed with the Texas
151- Workforce Commission on or after the effective date of this Act. A
152- claim filed before the effective date of this Act is governed by the
153- law in effect on the date the claim was filed, and the former law is
140+ SECTION 6. Section 209.062, Labor Code, is amended to read
141+ as follows:
142+ Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT. The
143+ total extended benefit amount payable to an eligible individual for
144+ the individual's eligibility period is 60 [50] percent of the total
145+ amount of regular benefits that were payable to the individual
146+ under this subtitle in the individual's applicable benefit year.
147+ SECTION 7. Section 214.002, Labor Code, is amended by
148+ adding Subsection (a-1) to read as follows:
149+ (a-1) Notwithstanding Subsection (a) and except as
150+ otherwise provided by this subsection, if the commission finds that
151+ in any seven-day period the number of initial claims filed under
152+ this subtitle is more than five times the number of initial claims
153+ filed under this subtitle in the preceding seven-day period, the
154+ commission may not seek to recover the amount of any improper
155+ benefits received during the 30-day period beginning on the first
156+ day of the seven-day period in which the increased number of initial
157+ claims were filed. This subsection does not apply to improper
158+ benefits obtained by a person due to a nondisclosure or
159+ misrepresentation that is known or fraudulent.
160+ SECTION 8. Section 201.011(1), Labor Code, is repealed.
161+ SECTION 9. Section 201.013, Labor Code, as added by this
162+ Act, applies only to eligibility for unemployment compensation
163+ benefits based on a claim that is filed with the Texas Workforce
164+ Commission on or after the effective date of this Act. A claim
165+ filed before the effective date of this Act is governed by the law
166+ in effect on the date the claim was filed, and the former law is
154167 continued in effect for that purpose.
155- SECTION 10. Section 208.001(c), Labor Code, as added by
168+ SECTION 10. Section 207.008(b), Labor Code, as amended by
169+ this Act, applies only to a claim for unemployment compensation
170+ benefits filed with the Texas Workforce Commission on or after the
171+ effective date of this Act. A claim filed before the effective date
172+ of this Act is governed by the law in effect on the date the claim
173+ was filed, and the former law is continued in effect for that
174+ purpose.
175+ SECTION 11. Section 208.001(c), Labor Code, as added by
156176 this Act, applies only to an initial claim for unemployment
157177 compensation benefits filed with the Texas Workforce Commission on
158178 or after the effective date of this Act. An initial claim filed
159179 before the effective date of this Act is governed by the law in
160180 effect on the date the claim was filed, and the former law is
161181 continued in effect for that purpose.
162- SECTION 11. (a) Sections 215.022(a) and 215.041(b), Labor
163- Code, as amended by this Act, apply only to an initial shared work
164- plan or a shared work plan modification submitted by an employer to
165- the Texas Workforce Commission on or after the effective date of
166- this Act. An initial shared work plan or a shared work plan
167- modification submitted before the effective date of this Act is
168- governed by the law as it existed on the date the plan or
169- modification was submitted, and the former law is continued in
170- effect for that purpose.
171- (b) A shared work plan modification submitted to the Texas
172- Workforce Commission on or after the effective date of this Act that
173- modifies a shared work plan approved by the commission before the
174- effective date and would reduce an individual's normal weekly hours
175- of work more than 40 percent is considered to be a substantial
176- modification under Section 215.025, Labor Code, and the modified
177- plan must be evaluated and approved by the commission as provided by
178- that section before implementation.
179- SECTION 12. This Act takes effect immediately if it
182+ SECTION 12. Section 209.062, Labor Code, as amended by this
183+ Act, applies only to a claim for extended unemployment compensation
184+ benefits that is filed with the Texas Workforce Commission on or
185+ after the effective date of this Act. A claim filed before that
186+ date is governed by the law in effect on the date that the claim was
187+ filed, and the former law is continued in effect for that purpose.
188+ SECTION 13. This Act takes effect immediately if it
180189 receives a vote of two-thirds of all the members elected to each
181190 house, as provided by Section 39, Article III, Texas Constitution.
182191 If this Act does not receive the vote necessary for immediate
183192 effect, this Act takes effect September 1, 2021.