HBA-TYH H.B. 914 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 914
By: Greenberg
Economic Development
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, less than 25 percent of unemployed Texans receive unemployment
insurance (UI) benefits.  Many people do not qualify because they are
unable to meet the eligibility requirements. One factor in determining an
individual's eligibility for UI benefits is the calculation of wages earned
during the base period.  Often in the case of part-time or seasonal
workers, the designated base period does not provide an accurate
representation of an individual's work history, which disqualifies them
from receiving UI benefits.   

Another factor in determining an individual's eligibility for UI benefits
is the requirement that an individual must be available for full time work,
even if he or she were working only part time.  This disqualifies the
growing number of workers, particularly women, who must work part time
because of responsibilities such as caring for children or the elderly.  It
also excludes workers who work part time because those are the only
available jobs. 

H.B. 914 creates an alternative base period for individuals who do not
qualify for the UI benefits under the standard base period because of
insufficient wage credits and allows certain individuals who are only
available for part-time work to qualify for UI benefits. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 201.011, Labor Code, by adding Subdivision (15)
which defines "part-time work" as the performance of work in a position of
employment for at least 20 hours per week.  Deletes the definition of "base
period."  Redefines "Commission" as the Texas Workforce Commission rather
than the Texas Employment Commission.  Redesignates Subdivisions (3)-(15)
to (2)-(14), respectively.  Makes conforming changes. 

SECTION 2. Amends Subchapter B, Chapter 201, Labor Code, by adding Section
201.013, as follows: 

Sec. 201.013.  DEFINITION OF BASE PERIOD; ALTERNATE BASE PERIODS.  (a)
Provides that 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)  Provides that for an individual precluded because of a medically
verifiable injury or illness 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 injury or illness began or occurred.  
 
 (c)  Provides that 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 before the first day of the
individual's benefit year.   

SECTION 3.  Amends Section 207.021, Labor Code, by adding Subsection (d),
as follows: 

(d)  Provides that an individual who is available only for part-time work
is considered to be available for work for purposes of Subsection (a)(4)
if: 
  
(1)  the individual has a legitimate personal reason, such as child-care
responsibilities, enrollment in an educational program, or another
analogous reason recognized by the commission, to limit the individual's
employment to part-time work; or 
  
(2)  the individual's last work was part-time work. 

SECTION 4.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.Emergency clause.