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.