1 | 1 | | 88R23780 RDS-F |
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2 | 2 | | By: Vo H.B. No. 2458 |
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3 | 3 | | Substitute the following for H.B. No. 2458: |
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4 | 4 | | By: Hinojosa C.S.H.B. No. 2458 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to claimant eligibility and initial claims under the |
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10 | 10 | | unemployment compensation system. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 207.021(a), Labor Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) Except as provided by Chapter 215, an unemployed |
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15 | 15 | | individual is eligible to receive benefits for a benefit period if |
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16 | 16 | | the individual: |
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17 | 17 | | (1) has registered for work at an employment office |
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18 | 18 | | and has continued to report to the employment office as required by |
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19 | 19 | | rules adopted by the commission; |
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20 | 20 | | (2) has made a claim for benefits under Section |
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21 | 21 | | 208.001; |
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22 | 22 | | (3) is able to work; |
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23 | 23 | | (4) is available for work; |
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24 | 24 | | (5) is actively seeking work in accordance with rules |
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25 | 25 | | adopted by the commission; |
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26 | 26 | | (6) for the individual's base period, has benefit wage |
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27 | 27 | | credits: |
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28 | 28 | | (A) in at least two calendar quarters; and |
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29 | 29 | | (B) in an amount not less than 37 times the |
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30 | 30 | | individual's benefit amount; |
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31 | 31 | | (7) after the beginning date of the individual's most |
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32 | 32 | | recent prior benefit year, if applicable, earned wages in an amount |
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33 | 33 | | equal to not less than six times the individual's benefit amount; |
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34 | 34 | | (8) has been totally or partially unemployed for a |
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35 | 35 | | waiting period of at least seven consecutive days; [and] |
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36 | 36 | | (9) participates in reemployment services, such as a |
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37 | 37 | | job search assistance service, if the individual has been |
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38 | 38 | | determined, according to a profiling system established by the |
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39 | 39 | | commission, to be likely to exhaust eligibility for regular |
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40 | 40 | | benefits and to need those services to obtain new employment, |
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41 | 41 | | unless: |
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42 | 42 | | (A) the individual has completed participation |
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43 | 43 | | in such a service; or |
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44 | 44 | | (B) there is reasonable cause, as determined by |
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45 | 45 | | the commission, for the individual's failure to participate in |
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46 | 46 | | those services; and |
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47 | 47 | | (10) has satisfied any outstanding obligation in |
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48 | 48 | | relation to benefits forfeited by the individual under Section |
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49 | 49 | | 214.003, including the amount of any penalty assessed against the |
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50 | 50 | | individual under that section, but only if the benefit period for |
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51 | 51 | | which the individual is seeking benefits is not in the same benefit |
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52 | 52 | | year in which the nondisclosure or misrepresentation of a material |
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53 | 53 | | fact occurred. |
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54 | 54 | | SECTION 2. Section 208.002(a), Labor Code, is amended to |
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55 | 55 | | read as follows: |
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56 | 56 | | (a) When used in connection with an initial claim, "last |
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57 | 57 | | work" and "person for whom the claimant last worked" refer to [: |
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58 | 58 | | [(1) the last person for whom the claimant actually |
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59 | 59 | | worked, if the claimant worked for that person for at least 30 hours |
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60 | 60 | | during a week; or |
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61 | 61 | | [(2)] the employer, as defined by Subchapter C, |
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62 | 62 | | Chapter 201, [or by the unemployment law of any other state,] for |
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63 | 63 | | whom the claimant last worked. |
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64 | 64 | | SECTION 3. The changes in law made by this Act apply only to |
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65 | 65 | | a claim for unemployment compensation benefits filed with the Texas |
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66 | 66 | | Workforce Commission on or after the effective date of this Act. A |
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67 | 67 | | claim filed before the effective date of this Act is governed by the |
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68 | 68 | | law in effect on the date the claim was filed, and the former law is |
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69 | 69 | | continued in effect for that purpose. |
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70 | 70 | | SECTION 4. This Act takes effect September 1, 2023. |
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