CHAPTER 207. BENEFITS
LABOR CODE
TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT
SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT
CHAPTER 207. BENEFITS
SUBCHAPTER A. PAYMENT OF BENEFITS
Sec. 207.001. PAYMENT OF BENEFITS. Benefits are paid through
the commission in accordance with rules adopted by the commission
and are due and payable under this subtitle only to the extent
provided by this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT. (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.
(b) The maximum weekly benefit amount is 47.6 percent of the
average weekly wage in covered employment in this state. The
minimum weekly benefit amount is 7.6 percent of the average
weekly wage in covered employment in this state.
(c) The commission shall determine the average weekly wage in
covered employment and compute the maximum and minimum weekly
benefit amount not later than October 1 of each year based on the
annual average weekly wage for the preceding year. If a benefit
amount computed under this subsection includes cents, the
commission shall adjust the benefit amount as follows:
(1) if the computed benefit amount includes at least one cent
but not more than 49 cents, the commission shall round the
benefit down to the nearest multiple of $1; and
(2) if the computed benefit amount includes at least 50 cents
but not more than 99 cents, the commission shall round the
benefit amount up to the nearest multiple of $1.
(c-1) An increase in the maximum weekly benefit amount may not
exceed $14 in any year. An increase in the minimum weekly
benefit amount may not exceed $1 in any year.
(d) An increase in maximum and minimum benefit amounts under
this section takes effect on October 1.
(e) The maximum benefit amount payable to an individual for a
benefit period under this section on the effective date of a
valid claim is the maximum benefit amount payable to that
individual until the individual establishes a new benefit year.
(f) In this section, "wages" has the meaning assigned in
Subchapter F, Chapter 201, except that the limitation of wages
provided in Section 201.082(1) does not apply.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 803, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1104, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1052, Sec. 1, eff. June 15, 2007.
Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT. (a) An
eligible individual who is partially unemployed in a benefit
period is entitled to partial benefits for that benefit period.
(b) The amount of a partial benefit is computed by:
(1) adding the individual's benefit amount and the greater of $5
or 25 percent of the benefit amount; and
(2) subtracting the amount of the wages earned by the individual
during the benefit period from the amount computed under
Subdivision (1).
(c) In this section, "wages" has the meaning assigned in
Subchapter F, Chapter 201, except that the limitation of wages
provided in Section 201.082(1) does not apply.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.004. BENEFIT WAGE CREDITS. (a) The commission shall
credit as benefit wage credits during an individual's base
period:
(1) 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.
(a-1) The commission by rule shall determine the method of
crediting wages to an individual's base period for purposes of
Subsection (a).
(b) Wages used to qualify an individual for regular benefits
under this subtitle or under any other unemployment compensation
law may not be used again to qualify the individual for regular
benefits.
(c) If an employer fails to report, when requested by the
commission, wages that were paid to an individual during a base
period, the commission may determine the amount of benefit wage
credits for the individual for the base period from the best
information obtained by the commission.
(d) In this section:
(1) "Benefit wage credits" means those wages used to determine
an individual's right to benefits.
(2) "Wages" has the meaning assigned in Subchapter F, Chapter
201, except that the limitation of wages provided in Section
201.082(1) does not apply.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1052, Sec. 2, eff. June 15, 2007.
Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS. The maximum amount of
benefits payable to an eligible individual during a benefit year
may not exceed the lesser of:
(1) 26 times the individual's benefit amount; or
(2) 27 percent of the individual's benefit wage credits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.006. ADJUSTMENT OF BENEFITS. If a benefit rate or
benefit payable computed under this chapter is not a multiple of
$1, the benefit rate or benefit payable is increased to the next
multiple of $1.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION; CRIMINAL
OFFENSE; PENALTY. (a) An individual claiming benefits under
this subtitle may not be charged a fee in a proceeding under this
subtitle by:
(1) the commission or a representative of the commission; or
(2) a court or an officer of a court.
(b) An individual claiming benefits in a proceeding before the
commission or a court may be represented by counsel or another
authorized agent. Counsel or an agent representing an individual
under this subtitle may charge and collect a fee for the
counsel's or agent's services.
(c) A person who violates this section commits an offense. An
offense under this section is punishable by:
(1) a fine of not less than $50 and not more than $500;
(2) imprisonment for not more than six months; or
(3) both a fine and imprisonment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1104, Sec. 2, eff. September 1, 2005.
Sec. 207.008. SUITABLE WORK. (a) In determining whether work
is suitable for an individual, the commission shall consider:
(1) the degree of risk involved to the individual's health,
safety, and morals at the place of performance of the work;
(2) the individual's physical fitness and previous training;
(3) the individual's experience and previous earnings;
(4) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(5) the distance of the work from the individual's residence.
(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; or
(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.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.009. PAYMENT OF BENEFITS BY INDIAN TRIBE. Benefits
based on service in the employ of an Indian tribe, as described
by Section 201.048, are payable in the same amount, on the same
terms, and subject to the same conditions as benefits paid on the
basis of other service under this subtitle.
Added by Acts 2001, 77th Leg., ch. 518, Sec. 8, eff. June 11,
2001.
SUBCHAPTER B. BENEFIT ELIGIBILITY
Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS. (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) 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;
(6) 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;
(7) has been totally or partially unemployed for a waiting
period of at least seven consecutive days; and
(8) participates in reemployment services, such as a 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.
(b) A week may not be counted as a waiting period week for the
purposes of this section:
(1) unless the individual has registered for work at an
employment office in accordance with Subsection (a)(1);
(2) unless it is after the filing of an initial claim;
(3) unless the individual reports at an office of the commission
and certifies that the individual has met the waiting period
requirements;
(4) if benefits have been paid or are payable with respect to
the week;
(5) if the individual does not meet the eligibility requirements
of Subsections (a)(3) and (a)(4); and
(6) if the individual has been disqualified for benefits for the
seven-day period under Section 207.044, 207.045, 207.047, or
207.048.
(c) Notwithstanding any other provision of this section, an
individual who has been paid benefits in the individual's current
benefit year equal to or exceeding three times the individual's
benefit amount is eligible to receive benefits on the
individual's waiting period claim in accordance with this
subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 759, Sec. 1, eff. Sept. 1,
1995.
Sec. 207.0211. ELIGIBILITY OF CERTAIN DISABLED PERSONS. A
permanently disabled individual is considered to be able to work
under Section 207.021(a)(3) and available for work for purposes
of Section 207.021(a)(4) if, as a result of the individual's
disability, the individual:
(1) is unable to work full-time;
(2) has worked part-time during a substantial part of the
individual's base period;
(3) is seeking part-time work consistent with the limitations
imposed by the individual's disability; and
(4) is receiving disability insurance benefits under 42 U.S.C.
Section 423.
Added by Acts 2005, 79th Leg., Ch.
493, Sec. 1, eff. June 17, 2005.
Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED BECAUSE
OF DISASTER. (a) In this section, "disaster unemployment
assistance benefits" means benefits authorized under Section 410,
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. Section 5177), and rules adopted under that section.
(b) Notwithstanding Section 207.021, the governor, by executive
order, may suspend the waiting period requirement imposed under
Section 207.021(a)(7) to authorize an individual to receive
benefits for that waiting period if the individual:
(1) is unemployed as a direct result of a natural disaster that
results in a disaster declaration by the president of the United
States under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. Section 5121 et seq.);
(2) is otherwise eligible for unemployment compensation benefits
under this subtitle; and
(3) is not receiving disaster unemployment assistance benefits
for the period included in that waiting period.
Added by Acts 2009, 81st Leg., R.S., Ch.
1280, Sec. 1.19, eff. September 1, 2009.
Sec. 207.022. COMMISSION-APPROVED TRAINING. (a) An individual
may not be denied benefits because the individual is in training
with the approval of the commission.
(b) An individual may not be denied benefits for a benefit
period in which the individual is in training with the approval
of the commission because of the provisions of Section 207.021
relating to the individual's:
(1) availability for work;
(2) active search for work; or
(3) refusal to apply for or refusal to accept suitable work.
(c) Approval of training must be obtained as required by rules
adopted by the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974. (a) This
section applies only to training approved under Section 236(a)(1)
of the Trade Act of 1974 (19 U.S.C. Section 2296(a)(1)).
(b) An otherwise eligible individual may not be denied benefits
for a week:
(1) that the individual was in training;
(2) that the individual left work to enter training if the work
the individual left was not suitable employment; or
(3) because of the application to the week in training of a
provision of this subtitle or a federal unemployment compensation
law relating to the individual's:
(A) availability for work;
(B) active search for work; or
(C) refusal to accept work.
(c) For the purposes of Subsection (b), "suitable employment"
means work for an individual that:
(1) is of a skill level substantially equal to or higher than
that of the individual's past adversely affected employment, as
that term is used by the Trade Act of 1974 (19 U.S.C. Section
2101 et seq.); and
(2) pays wages that are not less than 80 percent of the
individual's average weekly wage as determined for the purposes
of the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.024. CLAIM FILED OR RESIDENCE IN ANOTHER STATE OR
COUNTRY. An individual's benefits may not be denied or reduced
solely because at the time the individual filed the claim for
unemployment compensation the individual:
(1) files a claim in another state or a contiguous country with
which the United States has an agreement with respect to
unemployment compensation; or
(2) resides in another state or contiguous country with which
the United States has an agreement with respect to unemployment
compensation.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.025. PREGNANCY OR TERMINATION OF PREGNANCY. Benefits
may not be denied to an individual solely because of pregnancy or
termination of pregnancy.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
Sec. 207.041. SERVICES IN EDUCATIONAL INSTITUTIONS. (a)
Benefits are not payable to an individual based on services
performed in an instructional, research, or principal
administrative capacity for an educational institution for a week
beginning during the period between two successive academic years
or terms or under an agreement providing for a similar period
between two regular but not successive terms if:
(1) the individual performed the services in the first of the
academic years or terms; and
(2) there is a contract or reasonable assurance that the
individual will perform services in that capacity for any
educational institution in the second of the academic years or
terms.
(b) Benefits are not payable to an individual based on services
performed for an educational institution in a capacity other than
a capacity described by Subsection (a) for a week that begins
during a period between two successive academic years or terms
if:
(1) the individual performed the services in the first of the
academic years or terms; and
(2) there is a reasonable assurance that the individual will
perform the services in the second of the academic years or
terms.
(c) Notwithstanding Subsection (b), if benefits are denied to an
individual for any week under Subsection (b) and the individual
is not offered an opportunity to perform services for the
educational institution for the second of the academic years or
terms, the individual is entitled to a retroactive payment of the
benefits for each week that:
(1) the individual filed a timely claim for benefits; and
(2) the benefits were denied solely because of Subsection (b).
(d) Benefits are not payable to an individual based on services
performed for an educational institution for a week that begins
during an established and customary vacation period or holiday
recess if:
(1) the individual performed the services in the period
immediately before the vacation period or holiday recess; and
(2) there is a reasonable assurance that the individual will
perform the services in the period immediately following the
vacation period or holiday recess.
(e) Benefits are not payable as provided under this section to
an individual based on services performed in an educational
institution if the individual performed the services while
employed by an educational service agency. For the purposes of
this subsection, "educational service agency" means a
governmental agency or other governmental entity that is
established and operated exclusively to provide services to one
or more educational institutions.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.042. ATHLETES. Benefits are not payable to an
individual based on services substantially all of which consist
of participating in a sport or athletic event or training or
preparing to participate in a sport or athletic event for a week
that begins during the period between two successive sport
seasons or similar periods if:
(1) the individual performed the services in the first of the
seasons or periods; and
(2) there is a reasonable assurance that the individual will
perform the services in the later of the seasons or periods.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.043. ALIENS. (a) Benefits are not payable based on
services performed by an alien unless the alien:
(1) is an individual who was lawfully admitted for permanent
residence at the time the services were performed;
(2) was lawfully present for purposes of performing the
services; or
(3) was permanently residing in the United States under color of
law at the time the services were performed, including being
lawfully present in the United States as a result of the
application of Section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. Section 1182(d)(5)).
(b) Information required of an individual applying for benefits
to determine whether benefits are payable to the individual
because of the individual's alien status shall be uniformly
required from all applicants for benefits.
(c) A determination that benefits are not payable to an
individual whose application for the benefits would otherwise be
approved except for the individual's alien status must be made
from a preponderance of the evidence.
(d) A modification of Section 3304(a)(14) of the Federal
Unemployment Tax Act (26 U.S.C. Section 3304(a)(14)) that
specifies other conditions or another effective date for the
denial of benefits based on services performed by aliens that
must be implemented under state law as a condition for a full tax
credit against the tax imposed by the Federal Unemployment Tax
Act (26 U.S.C. Section 3301 et seq.) is applicable under this
section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.044. DISCHARGE FOR MISCONDUCT. (a) An individual is
disqualified for benefits if the individual was discharged for
misconduct connected with the individual's last work.
(b) Disqualification under this section continues until the
individual has returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's benefit
amount.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.045. VOLUNTARILY LEAVING WORK. (a) An individual is
disqualified for benefits if the individual left the individual's
last work voluntarily without good cause connected with the
individual's work.
(b) Except as provided by Subsection (c), a disqualification for
benefits under this section continues until the individual has
returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's benefit
amount.
(c) Disqualification for benefits under this section for an
individual who left work to move with the individual's spouse
from the area where the individual worked continues for not less
than six benefit periods and not more than 25 benefit periods
following the filing of a valid claim as determined by the
commission according to the circumstances of the case.
(d) Notwithstanding any other provision of this section, an
individual who is available to work may not be disqualified for
benefits because the individual left work because of:
(1) a medically verified illness of the individual or the
individual's minor child;
(2) injury;
(3) disability;
(4) pregnancy;
(5) an involuntary separation as described by Section 207.046;
or
(6) a move from the area of the individual's employment that:
(A) was made with the individual's spouse who is a member of the
armed forces of the United States; and
(B) resulted from the spouse's permanent change of station of
longer than 120 days or a tour of duty of longer than one year.
(e) For the purposes of Subsection (d), a medically verified
illness of a minor child prevents disqualification only if
reasonable alternative care was not available to the child and
the employer refused to allow the individual a reasonable amount
of time off during the illness.
(f) Military personnel who do not reenlist have not left work
voluntarily without good cause connected with work.
(g) An individual who is partially unemployed and who resigns
that employment to accept other employment that the individual
reasonably believes will increase the individual's weekly wage is
not disqualified for benefits under this section.
(h) A temporary employee of a temporary help firm is considered
to have left the employee's last work voluntarily without good
cause connected with the work if the temporary employee does not
contact the temporary help firm for reassignment on completion of
an assignment. A temporary employee is not considered to have
left work voluntarily without good cause connected with the work
under this subsection unless the temporary employee has been
advised:
(1) that the temporary employee is obligated to contact the
temporary help firm on completion of assignments; and
(2) that unemployment benefits may be denied if the temporary
employee fails to do so.
(i) An assigned employee of a staff leasing services company is
considered to have left the assigned employee's last work without
good cause if the staff leasing services company demonstrates
that:
(1) at the time the employee's assignment to a client company
concluded, the staff leasing services company, or the client
company acting on the staff leasing services company's behalf,
gave written notice and written instructions to the assigned
employee to contact the staff leasing services company for a new
assignment; and
(2) the assigned employee did not contact the staff leasing
services company regarding reassignment or continued employment;
provided that the assigned employee may show that good cause
existed for the assigned employee's failure to contact the staff
leasing services company.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.33(a), eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1379, Sec. 21, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 817, Sec. 7A.03, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
39, Sec. 2, eff. May 9, 2005.
Acts 2005, 79th Leg., Ch.
987, Sec. 1, eff. September 1, 2005.
Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual is not
disqualified for benefits under this subchapter if:
(1) the work-related reason for the individual's separation from
employment was urgent, compelling, and necessary so as to make
the separation involuntary;
(2) the individual leaves the workplace to protect the
individual from family violence or stalking as evidenced by:
(A) an active or recently issued protective order documenting
family violence against, or the stalking of, the employee or the
potential for family violence against, or the stalking of, the
employee;
(B) a police record documenting family violence against, or the
stalking of, the employee; or
(C) a physician's statement or other medical documentation that
describes the family violence against the employee that:
(i) is recorded in any form or medium that identifies the
employee as the patient; and
(ii) relates to the history, diagnosis, treatment, or prognosis
of the patient; or
(3) the individual leaves the workplace to care for the
individual's terminally ill spouse as evidenced by a physician's
statement or other medical documentation, but only if no
reasonable, alternative care was available.
(b) Except as provided by law, evidence regarding an employee
described by Subsection (a)(2) may not be disclosed to any person
without the consent of the employee.
(c) In this section:
(1) "Family violence" has the meaning assigned by Section
71.004, Family Code.
(2) "Stalking" means conduct described by Section 42.072, Penal
Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 817, Sec. 7A.04, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1180, Sec. 3, eff. June 15, 2007.
Sec. 207.047. FAILURE TO APPLY FOR, ACCEPT, OR RETURN TO WORK.
(a) An individual is disqualified for benefits if during the
individual's current benefit year, the individual failed, without
good cause, to:
(1) apply for available, suitable work when directed to do so by
the commission;
(2) accept suitable work offered to the individual; or
(3) return to the individual's customary self-employment, if
any, when directed to do so by the commission.
(b) Disqualification for benefits under this section continues
until the individual has returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's benefit
amount.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.048. LABOR DISPUTES. (a) An individual is
disqualified for benefits for a benefit period in which the
individual's total or partial unemployment is caused by:
(1) the individual's stoppage of work because of a labor dispute
at the factory, establishment, or other premises where the
individual is or was last employed; or
(2) a labor dispute at another place that:
(A) is owned or operated by the same employing unit that owns or
operates the premises where the individual is or was last
employed; and
(B) supplies material or services necessary to the continued and
usual operation of the premises where the individual is or was
last employed.
(b) Disqualification for benefits under this section does not
apply to an individual who shows to the satisfaction of the
commission that the individual:
(1) is not participating in, financing, or directly interested
in the labor dispute; and
(2) does not belong to a grade or class of workers any members
of which were employed at the premises of the labor dispute
immediately before the beginning of the labor dispute and any of
whom are participating in, financing, or directly interested in
the dispute.
(c) For the purposes of Subsection (b)(1), failure or refusal to
cross a picket line or refusal for any reason during the
continuance of the labor dispute to accept and perform an
individual's available and customary work at the factory,
establishment, or other premises where the individual is or was
last employed constitutes participation and interest in the labor
dispute.
(d) An individual may not be disqualified for benefits under
Subsection (b)(2) if the individual shows that the individual:
(1) is not, and at the time of the labor dispute, was not:
(A) a member of a labor organization that is the same as,
represented by, or directly affiliated, acting in concert, or in
sympathy with the labor organization involved in the labor
dispute at the premises of the labor dispute; or
(B) acting in concert or in sympathy with the labor organization
involved in the labor dispute at the premises of the labor
dispute; and
(2) has made an unconditional offer to return to work at the
premises where the individual is or was last employed.
(e) If separate branches of work that are commonly conducted as
separate businesses in separate premises are conducted in
separate departments of the same premises, each department is a
separate factory, establishment, or other premises.
(f) For the purposes of this section, "premises" includes a
vessel.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.049. RECEIPT OF REMUNERATION. 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; or
(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.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 906, Sec. 1, eff. June 16,
1995.
Sec. 207.050. RECEIPT OF PENSION OR ANNUITY. (a) Except as
provided by Subsection (b), an individual is disqualified for
benefits for a benefit period for which the individual is
receiving or has received a governmental or other pension,
retirement or retired pay, an annuity, or any other similar
periodic payment based on the previous work of the individual and
reasonably attributable to the benefit period.
(b) If a periodic payment described by Subsection (a) is
received by an individual under the federal Social Security Act,
the commission shall consider the individual's contribution and
may not reduce the weekly benefit amount.
(c) Notwithstanding Subsection (a), if the remuneration received
by an individual is less than the benefits that the individual
would otherwise be eligible to receive, the individual is
entitled to receive benefits for the benefit period that are
reduced by the amount of the remuneration, adjusted as provided
by Section 207.006.
(d) This section is enacted because Section 3304(a)(15) of the
Federal Unemployment Tax Act (26 U.S.C. Section 3304(a)(15))
requires that this provision be enacted in state law as of
January 1, 1978, as a condition for full tax credit against the
tax imposed by that Act. If Section 3304(a)(15) of the Federal
Unemployment Tax Act (26 U.S.C. Section 3304(a)(15)) is amended
to modify these federal requirements, the modified requirements
are applicable under this section to the extent required for full
tax credit rather than this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 906, Sec. 2, eff. June 16,
1995.
Sec. 207.051. SALE OF BUSINESS. (a) An individual is
disqualified for benefits if the individual left the individual's
last work because of the sale of:
(1) a corporation and the individual was:
(A) an officer of the corporation;
(B) a majority or controlling shareholder in the corporation;
and
(C) involved in the sale of the corporation;
(2) a limited or general partnership and the individual was a
limited or general partner who was involved in the sale of the
partnership; or
(3) a sole proprietorship and the individual was the proprietor
who sold the business.
(b) The disqualification under this section continues until the
individual has returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's benefit
amount.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 93, Sec. 2, eff. Sept. 1,
1997.
Sec. 207.052. LEAVING WORK TO ATTEND EDUCATIONAL INSTITUTION.
(a) An individual is disqualified for benefits for a period of
unemployment for which the individual left the individual's most
recent work to attend an established educational institution.
(b) This section does not apply to a period in which the
individual is in training with the approval of the commission
under Section 207.022.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.053. REFUSAL TO TREAT COMMUNICABLE DISEASE. (a) An
individual is disqualified for benefits if the individual:
(1) left the individual's last work voluntarily rather than
provide services included within the course and scope of the
individual's employment to an individual infected with a
communicable disease; or
(2) was discharged from the individual's last work because the
individual refused to provide services included within the course
and scope of the individual's employment to an individual
infected with a communicable disease.
(b) An individual is not disqualified under this section unless
the person for whom the individual last worked made available to
the individual the facilities, equipment, training, and supplies
necessary to permit the individual to take reasonable precautions
to preclude the infection of the individual with the communicable
disease.
(c) Disqualification for benefits under this section continues
until the individual has returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's weekly
benefit amount.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
Sec. 207.071. WAIVER, RELEASE, OR COMMUTATION AGREEMENT INVALID.
(a) Except for an employer's waiver under Chapter 204 and
Section 205.011, an agreement by an individual to waive, release,
or commute the individual's right to benefits or any other rights
under this subtitle is not valid.
(b) An agreement by an individual employed by an employer to pay
all or a portion of a contribution or reimbursement required to
be paid by the employer under this subtitle is not valid.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.072. ACCEPTANCE OR REQUIREMENT OF WAIVER PROHIBITED.
An employer may not require or accept a waiver of a right of an
individual employed by the employer under this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES. An employer may
not, directly or indirectly, make, require, or accept a deduction
from wages to finance a contribution or reimbursement required to
be paid by the employer under this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.074. CRIMINAL OFFENSE; PENALTY. An employer, or
officer or agent of an employer, commits an offense if the person
violates Section 207.072 or 207.073. An offense under this
section is punishable by:
(1) a fine of not less than $100 and not more than $1,000;
(2) imprisonment for not more than six months; or
(3) both a fine and imprisonment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.075. ASSIGNMENT OF BENEFITS PROHIBITED; BENEFIT
EXEMPTIONS. (a) An assignment, pledge, or encumbrance of a
right to benefits is not valid.
(b) A right to benefits is exempt from levy, execution,
attachment, or any other remedy for debt collection.
(c) Benefits received by an individual are exempt from debt
collection if the benefits are not mingled with other funds of
the individual except for debts incurred for necessaries
furnished to the individual or the individual's spouse or
dependents during the time that the individual was unemployed.
(d) A waiver of an exemption provided by this section is not
valid.
(e) Subchapter E prevails over this section to the extent of any
conflict.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.076. EQUAL TREATMENT. Benefits based on services for
all employers in employment are payable in the same amount, on
the same terms, and subject to the same conditions, except to the
extent that Section 207.041 is applicable.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
Sec. 207.091. DEFINITIONS. In this subchapter:
(1) "Benefit" includes amounts payable by the commission under
an agreement entered under federal law that provides for
compensation, assistance, or allowances with respect to
unemployment.
(2) "Child support obligation" includes only an obligation that
is enforced under a plan described by Section 454 of the Social
Security Act (42 U.S.C. Section 654) that has been approved by
the secretary of health and human services under Subtitle IV,
Part D, Social Security Act (42 U.S.C. Section 651 et seq.).
(3) "State or local child support enforcement agency" means an
agency of the state or a political subdivision of the state
operating under a plan described by Subdivision (2).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.092. DISCLOSURE OF CHILD SUPPORT OBLIGATIONS. (a) An
individual at the time of filing a new claim for benefits shall
disclose whether the individual owes a child support obligation.
(b) If the individual discloses a child support obligation and
the individual is determined to be eligible for benefits, the
commission shall notify the state or local child support
enforcement agency enforcing the child support obligation that
the individual has been determined to be eligible for benefits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 207.093. WITHHOLDING OF CHILD SUPPORT BY COMMISSION. (a)
The commission shall withhold from the benefits payable to an
individual that owes a child support obligation an amount equal
to:
(1) any amount required to be withheld under legal process
properly served on the commission;
(2) if Subdivision (1) does not apply, the amount determined
under an agreement submitted to the commission under Section
454(19)(B)(i) of the Social Security Act (42 U.S.C. Section 654)
by the state or local child support enforcement agency; or
(3) if neither Subdivision (1) or (2) applies, the amount the
individual specifies to the commission to be withheld.
(b) The commission shall pay the amount withheld under
Subsection (a) to the appropriate state or local child support
enforcement agency. The amount withheld shall be treated for all
purposes as if it were benefits paid to the individual and paid
by the individual to the state or local child support enforcement
agency in satisfaction of the individual's child support
obligation.
(c) This section applies only if appropriate arrangements have
been made for reimbursement to the commission by a state or local
child support enforcement agency for the administrative costs
incurred by the commission under this subchapter that are
attributable to the enforcement of child support obligations by
the state or local child support enforcement agency.
(d) In this section, "legal process" has the meaning assigned by
Section 459(i)(5) of the Social Security Act (42 U.S.C. Section
659).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 63, eff. September 1, 2007.
Sec. 207.094. FEDERAL LAW REQUIREMENT. (a) This subchapter and
Section 207.075(e) are enacted because Section 303(e) of the
Social Security Act (42 U.S.C. Section 503(e)) requires the
enactment of these provisions into state law as a condition for
federal funding of administration of the state unemployment
compensation laws.
(b) If Section 303(e) of the Social Security Act (42 U.S.C.
Section 503(e)) is repealed, this subchapter and Section
207.075(e) are repealed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER F. TAX WITHHOLDING
Sec. 207.101. WITHHOLDING FROM BENEFITS FOR FEDERAL INCOME TAX.
(a) An eligible individual may elect to have federal income tax
withheld from benefits. The commission shall withhold federal
income taxes from the benefits of an individual who elects the
withholding as provided by the Federal Unemployment Tax Act (26
U.S.C. Section 3301 et seq.) and Section 303, Social Security Act
(42 U.S.C. Section 503).
(b) The commission may not withhold federal income tax from
benefits as provided by this section until January 1, 1997.
Added by Acts 1995, 74th Leg., ch. 1033, Sec. 1, eff. Aug. 28,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1104, Sec. 3, eff. September 1, 2005.
SUBCHAPTER G. WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR
UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
Sec. 207.111. DEFINITIONS. In this subchapter:
(1) "State agency" has the meaning assigned by Section 3(n),
Food Stamp Act of 1977 (7 U.S.C. Section 2012(n)).
(2) "Uncollected overissuance" has the meaning assigned by
Section 13(c)(1), Food Stamp Act of 1977 (7 U.S.C. Section
2022(c)(1)).
(3) "Unemployment benefits" means benefits payable under this
subtitle and any other amounts payable by the commission under an
agreement entered into under any federal law providing for
compensation, assistance, or allowances with respect to
unemployment.
Added by Acts 1997, 75th Leg., ch. 93, Sec. 3, eff. Sept. 1,
1997.
Sec. 207.112. APPLICATION. This subchapter applies only if
arrangements have been made for reimbursement by the state agency
for the administrative costs incurred by the commission under
this subchapter that are attributable to the repayment of
uncollected overissuances to the state agency.
Added by Acts 1997, 75th Leg., ch. 93, Sec. 3, eff. Sept. 1,
1997.
Sec. 207.113. REQUIRED DISCLOSURE; NOTICE TO FOOD STAMP AGENCY.
(a) An individual who files a new claim for unemployment
benefits shall disclose, at the time of filing of that claim,
whether the individual owes an uncollected overissuance.
(b) If an individual who discloses under Subsection (a) that the
individual does owe an uncollected overissuance is found eligible
for unemployment benefits, the commission shall notify the state
agency of the identity of that individual.
Added by Acts 1997, 75th Leg., ch. 93, Sec. 3, eff. Sept. 1,
1997.
Sec. 207.114. WITHHOLDING. (a) The commission shall deduct and
withhold from unemployment benefits payable to an individual who
owes an uncollected overissuance:
(1) the amount the individual specifies to the commission to be
deducted and withheld under this section;
(2) the amount determined under an agreement submitted to the
state agency under Section 13(c)(3)(A), Food Stamp Act of 1977 (7
U.S.C. Section 2022(c)(3)(A)); or
(3) any amount otherwise required to be deducted and withheld
from unemployment benefits under Section 13(c)(3)(B), Food Stamp
Act of 1977 (7 U.S.C. Section 2022(c)(3)(B)).
(b) The commission shall pay any amount deducted and withheld
under this section to the state agency in this state.
(c) An amount deducted and withheld under this section shall be
treated for all purposes as if it were paid to the individual as
unemployment benefits and submitted by that individual to the
state agency as repayment of the individual's uncollected
overissuance.
Added by Acts 1997, 75th Leg., ch. 93, Sec. 3, eff. Sept. 1,
1997.