H.B. No. 2120

	AN ACT
	relating to the operation of the unemployment compensation system
	and computation of an individual's unemployment compensation
	benefits; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 207.002, Labor Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
	read as follows:
	(a)  An eligible individual who is totally unemployed in a
	benefit period is entitled to benefits for the benefit period at the
	rate of 1/25 of the wages received by the individual from
	employment by employers during that quarter in the individual's
	base period in which wages were highest. For purposes of this
	subsection, the wages received by the individual from employment by
	employers during the individual's base period include wages ordered
	to be paid to the individual by a final order of the commission
	under Chapter 61 that:
	(1)  were due to be paid to the individual by an
	employer during the individual's base period; and
	(2)  will be credited to the date or dates on which the
	payment of those wages was due.
	(a-1)  The commission by rule shall determine the method of
	crediting wages to a particular quarter for purposes of Subsection
	(a).
	(a-2)  The rate of benefits paid under this section may not
	be more than the maximum weekly benefit amount computed under
	Subsection (b) or less than the minimum weekly benefit amount
	computed under Subsection (b) for each benefit period.
	SECTION 2.  Section 207.004, Labor Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  The commission shall credit as benefit wage credits
	during an individual's base period:
	(1)  [an individual's] wages the individual received
	for employment from an employer during the individual's base
	period; and
	(2)  wages ordered to be paid by a final order issued by
	the commission under Chapter 61 that:
	(A)  were due to be paid by an employer during the
	individual's base period; and
	(B)  will be credited to the date or dates on which
	the payment of those wages was due [as the individual's benefit wage
	credits].
	(a-1)  The commission by rule shall determine the method of
	crediting wages to an individual's base period for purposes of
	Subsection (a).
	SECTION 3.  Sections 301.081(c) and (d), Labor Code, are
	amended to read as follows:
	(c)  Employment information [thus] obtained or otherwise
	secured under this section may not be published and is not open to
	public inspection, other than to a public employee in the
	performance of public duties, except as the commission considers
	necessary for the proper administration of this title or as
	provided by commission rule and consistent with federal law.
	(d)  A person commits an offense if the person [is an
	employee or member of the commission who] violates any provision of
	this section. An offense under this subsection is a Class A
	misdemeanor [is punishable by a fine of not less than $20 nor more
	than $200, confinement in jail for not more than 90 days, or both
	fine and confinement].
	SECTION 4.  Subchapter F, Chapter 301, Labor Code, is
	amended by adding Section 301.085 to read as follows:
	Sec. 301.085.  UNEMPLOYMENT COMPENSATION INFORMATION;
	OFFENSE; PENALTY. (a) In this section, "unemployment compensation
	information" means information in the records of the commission
	that pertains to the administration of Subtitle A, including any
	information collected, received, developed, or maintained in the
	administration of unemployment compensation benefits or the
	unemployment compensation tax system.
	(b)  Consistent with federal law, the commission shall adopt
	and enforce reasonable rules governing the confidentiality,
	custody, use, preservation, and disclosure of unemployment
	compensation information. The rules must include safeguards to
	protect the confidentiality of identifying information regarding
	any individual or any past or present employer or employing unit
	contained in unemployment compensation information, including any
	information that foreseeably could be combined with other publicly
	available information to reveal identifying information regarding
	the individual, employer, or employing unit, as applicable.
	(c)  Unemployment compensation information is not public
	information for purposes of Chapter 552, Government Code.
	(d)  Unless permitted by this subchapter or commission rule,
	a person commits an offense if the person solicits, discloses,
	receives, or uses, or authorizes, permits, participates in, or
	acquiesces in another person's use of, unemployment compensation
	information that reveals:
	(1)  identifying information regarding any individual
	or past or present employer or employing unit; or
	(2)  information that foreseeably could be combined
	with other publicly available information to reveal identifying
	information regarding any individual or past or present employer or
	employing unit.
	(e)  An offense under Subsection (d) is a Class A
	misdemeanor.
	SECTION 5.  (a)  The changes in law made by this Act apply
	only to eligibility for unemployment benefits based on an
	unemployment compensation claim that is filed with the Texas
	Workforce Commission on or after the effective date of this Act. A
	claim filed before that date 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.
	(b)  The change in law made by this Act to Section
	301.081(d), Labor Code, applies only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is governed by the law in effect at
	the time the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an
	offense was committed before the effective date of this Act if any
	element of the offense was committed before that date.
	SECTION 6.  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, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2120 was passed by the House on April
	25, 2007, by the following vote:  Yeas 141, Nays 2, 3 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2120 on May 26, 2007, by the following vote:  Yeas 143, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2120 was passed by the Senate, with
	amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor