| |
| |
| |
|
|
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 |