Texas 2023 - 88th Regular

Texas House Bill HB2458 Compare Versions

OldNewDifferences
11 88R23780 RDS-F
22 By: Vo H.B. No. 2458
33 Substitute the following for H.B. No. 2458:
44 By: Hinojosa C.S.H.B. No. 2458
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to claimant eligibility and initial claims under the
1010 unemployment compensation system.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 207.021(a), Labor Code, is amended to
1313 read as follows:
1414 (a) Except as provided by Chapter 215, an unemployed
1515 individual is eligible to receive benefits for a benefit period if
1616 the individual:
1717 (1) has registered for work at an employment office
1818 and has continued to report to the employment office as required by
1919 rules adopted by the commission;
2020 (2) has made a claim for benefits under Section
2121 208.001;
2222 (3) is able to work;
2323 (4) is available for work;
2424 (5) is actively seeking work in accordance with rules
2525 adopted by the commission;
2626 (6) for the individual's base period, has benefit wage
2727 credits:
2828 (A) in at least two calendar quarters; and
2929 (B) in an amount not less than 37 times the
3030 individual's benefit amount;
3131 (7) after the beginning date of the individual's most
3232 recent prior benefit year, if applicable, earned wages in an amount
3333 equal to not less than six times the individual's benefit amount;
3434 (8) has been totally or partially unemployed for a
3535 waiting period of at least seven consecutive days; [and]
3636 (9) participates in reemployment services, such as a
3737 job search assistance service, if the individual has been
3838 determined, according to a profiling system established by the
3939 commission, to be likely to exhaust eligibility for regular
4040 benefits and to need those services to obtain new employment,
4141 unless:
4242 (A) the individual has completed participation
4343 in such a service; or
4444 (B) there is reasonable cause, as determined by
4545 the commission, for the individual's failure to participate in
4646 those services; and
4747 (10) has satisfied any outstanding obligation in
4848 relation to benefits forfeited by the individual under Section
4949 214.003, including the amount of any penalty assessed against the
5050 individual under that section, but only if the benefit period for
5151 which the individual is seeking benefits is not in the same benefit
5252 year in which the nondisclosure or misrepresentation of a material
5353 fact occurred.
5454 SECTION 2. Section 208.002(a), Labor Code, is amended to
5555 read as follows:
5656 (a) When used in connection with an initial claim, "last
5757 work" and "person for whom the claimant last worked" refer to [:
5858 [(1) the last person for whom the claimant actually
5959 worked, if the claimant worked for that person for at least 30 hours
6060 during a week; or
6161 [(2)] the employer, as defined by Subchapter C,
6262 Chapter 201, [or by the unemployment law of any other state,] for
6363 whom the claimant last worked.
6464 SECTION 3. The changes in law made by this Act apply only to
6565 a claim for unemployment compensation benefits filed with the Texas
6666 Workforce Commission on or after the effective date of this Act. A
6767 claim filed before the effective date of this Act is governed by the
6868 law in effect on the date the claim was filed, and the former law is
6969 continued in effect for that purpose.
7070 SECTION 4. This Act takes effect September 1, 2023.