Bill Text: TX HB3620 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to unemployment compensation benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-26 - Committee report sent to Calendars [HB3620 Detail]
Download: Texas-2021-HB3620-Comm_Sub.html
87R19037 RDS-D | |||
By: Turner of Tarrant | H.B. No. 3620 | ||
Substitute the following for H.B. No. 3620: | |||
By: Turner of Tarrant | C.S.H.B. No. 3620 |
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relating to unemployment compensation benefits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 207.003(b), Labor Code, is amended to | ||
read as follows: | ||
(b) The amount of a partial benefit is computed by: | ||
(1) adding the individual's benefit amount and [ |
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computed under Section 207.002(b); and | ||
(2) subtracting the amount of the wages earned by the | ||
individual during the benefit period from the amount computed under | ||
Subdivision (1). | ||
SECTION 2. Section 207.008(b), Labor Code, is amended to | ||
read as follows: | ||
(b) Notwithstanding any other provision of this subtitle, | ||
work is not suitable and benefits may not be denied under this | ||
subtitle to an otherwise eligible individual for refusal to accept | ||
new work if: | ||
(1) the position offered is vacant directly because of | ||
a strike, lockout, or other labor dispute; | ||
(2) the wages, hours, or other conditions of the work | ||
offered are substantially less favorable to the individual than | ||
those prevailing for similar work in the locality; [ |
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(3) as a condition of being employed, the individual | ||
is required to join a company union or to resign from or refrain | ||
from joining a bona fide labor organization; | ||
(4) the place of performance of the work offered is in | ||
violation of federal, state, or local protocols relating to the | ||
spread of infectious diseases, including COVID-19; or | ||
(5) the work offered presents an unreasonable risk of | ||
exposure to infectious diseases, including COVID-19, that cannot be | ||
mitigated with reasonable care. | ||
SECTION 3. Section 207.021(a), Labor Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Chapter 215, an unemployed | ||
individual is eligible to receive benefits for a benefit period if | ||
the individual: | ||
(1) has registered for work at an employment office | ||
and has continued to report to the employment office as required by | ||
rules adopted by the commission; | ||
(2) has made a claim for benefits under Section | ||
208.001; | ||
(3) is able to work; | ||
(4) is available for work; | ||
(5) is actively seeking work in accordance with rules | ||
adopted by the commission; | ||
(6) for the individual's base period, has benefit wage | ||
credits: | ||
(A) in at least two calendar quarters; and | ||
(B) in an amount not less than 37 times the | ||
individual's benefit amount; | ||
(7) after the beginning date of the individual's most | ||
recent prior benefit year, if applicable, earned wages in an amount | ||
equal to not less than six times the individual's benefit amount; | ||
and | ||
(8) [ |
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[ |
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job search assistance service, if the individual has been | ||
determined, according to a profiling system established by the | ||
commission, to be likely to exhaust eligibility for regular | ||
benefits and to need those services to obtain new employment, | ||
unless: | ||
(A) the individual has completed participation | ||
in such a service; or | ||
(B) there is reasonable cause, as determined by | ||
the commission, for the individual's failure to participate in | ||
those services. | ||
SECTION 4. Section 208.001, Labor Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) As soon as practicable after an individual files an | ||
initial claim for benefits, the commission shall provide to the | ||
individual a written notice containing general information about | ||
eligibility and enrollment for health care insurance coverage under | ||
the Patient Protection and Affordable Care Act (Pub. L. | ||
No. 111-148) as amended by the Health Care and Education | ||
Reconciliation Act of 2010 (Pub. L. No. 111-152). The commission | ||
shall adopt rules for the form and content of the notice provided | ||
under this subsection. | ||
SECTION 5. Subchapter A, Chapter 215, Labor Code, is | ||
amended by adding Section 215.003 to read as follows: | ||
Sec. 215.003. NOTICE TO EMPLOYERS. At least annually, the | ||
commission shall provide written notice to employers regarding the | ||
shared work program. The notice must include a description of the | ||
benefits available under the program and the requirements for a | ||
shared work plan under the program. | ||
SECTION 6. Section 215.022(a), Labor Code, is amended to | ||
read as follows: | ||
(a) The commission may approve a shared work plan if: | ||
(1) the plan: | ||
(A) applies to and identifies a specific affected | ||
unit; | ||
(B) identifies the employees in the affected unit | ||
by name and social security number and describes how the employees | ||
will be notified in advance of the plan, if feasible; | ||
(C) provides an estimate of the number of | ||
employees who would be laid off if the employer does not participate | ||
in the shared work plan; | ||
(D) reduces the normal weekly hours of work for | ||
an employee in the affected unit by at least 10 percent but not more | ||
than 60 [ |
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(E) applies to at least 10 percent of the | ||
employees in the affected unit; and | ||
(F) permits eligible employees to participate in | ||
training; | ||
(2) the employer certifies that the implementation of | ||
a shared work plan and the resulting reduction in work hours is in | ||
lieu of layoffs that would: | ||
(A) affect at least 10 percent of the employees | ||
in the affected unit; and | ||
(B) result in an equivalent reduction in work | ||
hours; | ||
(3) the employer certifies that: | ||
(A) if the employer currently provides fringe | ||
benefits, the fringe benefits continue for employees in the | ||
affected unit unless those benefits are not continued for employees | ||
not participating in the shared work plan; and | ||
(B) participation in the shared work plan is | ||
consistent with the employer's obligations under state and federal | ||
law; and | ||
(4) the employer agrees to furnish the commission | ||
reports relating to the operation of the plan as requested by the | ||
commission and any other information the United States secretary of | ||
labor determines is appropriate. | ||
SECTION 7. Section 215.041(b), Labor Code, is amended to | ||
read as follows: | ||
(b) An individual is eligible to receive shared work | ||
benefits for a week in which: | ||
(1) the individual is employed as a member of an | ||
affected unit subject to a shared work plan that was approved before | ||
that week and is in effect for that week; | ||
(2) the individual is able to work and is available for | ||
additional hours of work or for full-time work with the | ||
participating employer; and | ||
(3) the individual's normal weekly hours of work have | ||
been reduced by at least 10 percent but not more than 60 [ |
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percent, with a corresponding reduction in wages. | ||
SECTION 8. The following provisions are repealed: | ||
(1) Sections 207.021(b) and (c), Labor Code; and | ||
(2) Section 207.0212, Labor Code. | ||
SECTION 9. Sections 207.003(b), 207.008(b), and | ||
207.021(a), Labor Code, as amended by this Act, apply only to a | ||
claim for unemployment compensation benefits 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 10. Section 208.001(c), Labor Code, as added by | ||
this Act, applies only to an initial claim for unemployment | ||
compensation benefits filed with the Texas Workforce Commission on | ||
or after the effective date of this Act. An initial 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 11. (a) Sections 215.022(a) and 215.041(b), Labor | ||
Code, as amended by this Act, apply only to an initial shared work | ||
plan or a shared work plan modification submitted by an employer to | ||
the Texas Workforce Commission on or after the effective date of | ||
this Act. An initial shared work plan or a shared work plan | ||
modification submitted before the effective date of this Act is | ||
governed by the law as it existed on the date the plan or | ||
modification was submitted, and the former law is continued in | ||
effect for that purpose. | ||
(b) A shared work plan modification submitted to the Texas | ||
Workforce Commission on or after the effective date of this Act that | ||
modifies a shared work plan approved by the commission before the | ||
effective date and would reduce an individual's normal weekly hours | ||
of work more than 40 percent is considered to be a substantial | ||
modification under Section 215.025, Labor Code, and the modified | ||
plan must be evaluated and approved by the commission as provided by | ||
that section before implementation. | ||
SECTION 12. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. |