LABOR CODE
CHAPTER 208. BENEFIT CLAIMS
SUBCHAPTER A. FILING OF CLAIM
§ 208.001. FILING; INFORMATION NOTICES. (a) Claims
for benefits shall be made in accordance with rules adopted by the
commission. An unemployed individual who does not have a current
benefit year may file an initial claim in accordance with
commission rules.
(b) The commission shall supply, without cost to each
employer, printed notices that provide general information about
filing a claim for unemployment benefits. Each employer shall post
and maintain the notices in places accessible to the individuals in
the employ of the employer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.34, eff. Sept. 1, 1995.
§ 208.002. NOTICE OF INITIAL CLAIM. (a) The
commission shall mail a notice of the filing of an initial claim to
the person for whom the claimant last worked before the effective
date of the initial claim. If the person for whom the claimant last
worked has more than one branch or division operating at different
locations, the commission shall mail the notice to the branch or
division at which the claimant last worked.
(b) Mailing of a notice under this section to the correct
address of the person, branch, or division for which the claimant
last worked constitutes notice of the claim to the person.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 208.003. NOTICE TO EMPLOYER. (a) An employer may
designate in writing to the commission an address for mail service.
(b) If an employer designates a mailing address under
Subsection (a), mailing of notice of claims, determinations, or
other decisions to that address constitutes notice to the employer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 94, § 3, eff. Sept. 1, 1997.
§ 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING
CLAIM; WAIVER. (a) A person to whom notice is mailed under
Section 208.002 shall notify the commission promptly of any facts
known to the person that may:
(1) adversely affect the claimant's right to benefits;
or
(2) affect a charge to the person's account.
(b) A person who does not mail or otherwise deliver that
notification to the commission within 14 days after the date notice
of a claim was mailed to the person by the commission waives all
rights in connection with the claim, including rights the person
may have under Subchapter B, Chapter 204, other than rights
relating to a clerical or machine error as to the amount of the
person's chargeback or maximum potential chargeback in connection
with the claim for benefits.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1997, 75th Leg., ch. 94, § 4, eff. Sept. 1, 1997.
SUBCHAPTER B. CLAIM DETERMINATION
§ 208.021. INITIAL CLAIM DETERMINATION. (a) The
commission shall determine whether an initial claim is valid.
(b) For each valid initial claim, the commission shall
determine:
(1) the claimant's benefit year;
(2) the benefit amount for total unemployment; and
(3) the duration of benefits.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 208.022. NOTICE OF INITIAL CLAIM DETERMINATION. The
commission shall mail a notice of the determination of an initial
claim to the claimant's last known address as shown by the
commission's records.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY
CLAIMANT. A claimant, within 14 days after the date the commission
mailed notice of the commission's determination to the claimant
under Section 208.022, may request a redetermination of or may
appeal the commission's determination of the validity of an initial
claim in the manner provided by Chapter 212.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.35, eff. Sept. 1, 1995.
