Bill Text: TX HB14 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the eligibility for unemployment benefits of a person receiving certain forms of remuneration.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB14 Detail]

Download: Texas-2011-HB14-Enrolled.html
 
 
  H.B. No. 14
 
 
 
 
AN ACT
  relating to the eligibility for unemployment benefits of a person
  receiving certain forms of remuneration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 207.049, Labor Code, is amended to read
  as follows:
         Sec. 207.049.  RECEIPT OF REMUNERATION.  (a)  An individual
  is disqualified for benefits for a benefit period for which the
  individual is receiving or has received remuneration in the form
  of:
               (1)  wages in lieu of notice;
               (2)  severance pay; or
               (3) [(2)]  compensation under a state worker's
  compensation law or a similar law of the United States for:
                     (A)  temporary partial disability;
                     (B)  temporary total disability; or
                     (C)  total and permanent disability.
         (b)  In this section, "severance pay" means dismissal or
  separation income paid on termination of employment in addition to
  the employee's usual earnings from the employer at the time of
  termination. The term does not include any remuneration received
  by an employee under:
               (1)  a release of claims or settlement agreement
  entered into between the employee and the employer:
                     (A)  based on an alleged violation of the Civil
  Rights Act of 1991 (Pub. L. No. 102-166); or
                     (B)  pursuant to a claim or cause of action filed
  in connection with the employment relationship; or
               (2)  a written contract, including a collective
  bargaining agreement, negotiated with the employer before the date
  of separation from employment of the employee.
         (c)  The commission may adopt rules as necessary to
  administer this section.
         SECTION 2.  The change in law made by this Act applies only
  to a claim for unemployment compensation benefits 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 3.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 14 was passed by the House on May 12,
  2011, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 14 was passed by the Senate on May 25,
  2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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