LABOR CODE
CHAPTER 207. BENEFITS
SUBCHAPTER A. PAYMENT OF BENEFITS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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. 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 is not a multiple of $1, the
commission shall increase the amount to the next multiple of $1.
(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, § 1, eff. Sept. 1, 1993. Amended
by Acts 2001, 77th Leg., ch. 803, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1993.
§ 207.004. BENEFIT WAGE CREDITS. (a) The commission
shall credit an individual's wages received for employment from an
employer during the individual's base period as the individual's
benefit wage credits.
(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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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 not charge or receive a fee for these
services greater than an amount approved by the commission.
(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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 8, eff. June 11, 2001.
SUBCHAPTER B. BENEFIT ELIGIBILITY
§ 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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 759, § 1, eff. Sept. 1, 1995.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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; or
(5) an involuntary separation as described by Section
207.046.
(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) the staff leasing services company gave written
notice to the assigned employee to contact the staff leasing
services company on termination of assignment at a client company;
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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.33(a), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1379, § 21, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 817, § 7A.03, eff. Sept. 1, 2003.
§ 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; or
(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; and
(C) a physician's statement or other medical
documentation of family violence against the employee.
(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, § 1, eff. Sept. 1, 1993. Amended
by Acts 2003, 78th Leg., ch. 817, § 7A.04, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 906, § 1, eff. June 16, 1995.
§ 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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 906, § 2, eff. June 16, 1995.
§ 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, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 93, § 2, eff. Sept. 1, 1997.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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(20)(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 462(e) of the Social Security Act (42 U.S.C.
Section 662).
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
SUBCHAPTER F. TAX WITHHOLDING
§ 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), as those laws are amended by P.L. 103-465.
(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, § 1, eff. Aug. 28, 1995.
SUBCHAPTER G. WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR
UNCOLLECTED OVERISSUANCES OF FOOD STAMPS
§ 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, § 3, eff. Sept. 1, 1997.
§ 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, § 3, eff. Sept. 1, 1997.
§ 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, § 3, eff. Sept. 1, 1997.
§ 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, § 3, eff. Sept. 1, 1997.
