Bill Text: TX HB2128 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to alternative base periods for the computation of unemployment compensation benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Business & Industry [HB2128 Detail]
Download: Texas-2021-HB2128-Introduced.html
| 87R1457 KSD-D | ||
| By: Turner of Tarrant | H.B. No. 2128 | |
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| 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. | ||
