reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.041. Eligibility for Extended Benefits

Sec. 209.041.  ELIGIBILITY FOR EXTENDED BENEFITS.  An individual is eligible to receive extended benefits for a benefit period of unemployment in the individual's eligibility period if, with respect to the benefit period, the individual:
(1)  has exhausted all regular benefits;
(2)  satisfies the requirements of this subtitle for the receipt of regular benefits that are applicable to an individual claiming extended benefits, including not being disqualified for the receipt of benefits;  and
(3)  has within the individual's base period received benefit wage credits for employment by employers in an amount not less than:
(A)  40 times the individual's weekly benefit amount;  or
(B)  1-1/2 times the individual's high-quarter benefit wage credits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 760, Sec. 1, eff. June 16, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.042. Exhaustion of Regular Benefits

Sec. 209.042.  EXHAUSTION OF REGULAR BENEFITS.  (a)  An individual has exhausted regular benefits with respect to a benefit period of unemployment in the individual's eligibility period if the individual:
(1)  before that period:
(A)  has received all of the regular benefits available to the individual in the individual's current benefit year that includes the benefit period;  or
(B)  had a benefit year expire and does not have benefit wage credits sufficient to establish a new benefit year that would include the benefit period;
(2)  is not entitled to unemployment benefits or allowances under the Railroad Unemployment Insurance Act (45 U.S.C. Section 351 et seq.) or other federal law as specified in regulations issued by the secretary;  and
(3)  has not received unemployment benefits under the unemployment compensation law of Canada and is not seeking those benefits, or has sought those benefits and the appropriate agency finally determines that the individual is not entitled to benefits under that law.
(b)  For the purposes of Subsection (a)(1)(A), an individual is considered to have received all of the regular benefits available to the individual even if, as a result of a pending appeal with respect to benefit wage credits not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.043. Requirement to Seek Work

Sec. 209.043.  REQUIREMENT TO SEEK WORK.  (a)  An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual failed to actively seek work.
(b)  For purposes of Subsection (a), an individual is actively seeking work during a benefit period if the individual:
(1)  engages in a systematic and sustained effort to obtain work during the benefit period;  and
(2)  furnishes tangible evidence of that effort.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.044. Requirement to Accept or Apply for Suitable Work

Sec. 209.044.  REQUIREMENT TO ACCEPT OR APPLY FOR SUITABLE WORK.  An individual is ineligible for payment of extended benefits for a benefit period in the individual's eligibility period if during that period the individual failed to:
(1)  accept an offer of suitable work;  or
(2)  apply for suitable work to which the individual was referred by the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.045. Employment Service Referrals to Suitable Work

Sec. 209.045.  EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK.  The employment service shall refer a claimant entitled to extended benefits to suitable work that meets the standards prescribed in Sections 209.046, 209.047(a), and 209.047(b).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.046. Exceptions to Requirement to Accept or Apply for Suitable Work

Sec. 209.046.  EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY FOR SUITABLE WORK.  An individual may not be denied extended benefits for failure to accept a job offer of suitable work or apply for suitable work if:
(1)  the work was not offered to the individual in writing and was not listed with the employment service;  or
(2)  failure to accept or apply for the work would not result in a denial of benefits under the applicable suitable work requirements for a regular benefit claimant in Section 207.008, to the extent that the standards of suitability in that section are not inconsistent with Section 209.047.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.047. Suitable Work

Sec. 209.047.  SUITABLE WORK.  (a)  For the purposes of this subchapter, and subject to Subsections (b) and (c), suitable work for an individual is work:
(1)  within the individual's capabilities;
(2)  for which the gross average weekly remuneration payable exceeds the sum of:
(A)  the individual's weekly extended benefit amount computed under Section 209.061;  and
(B)  the amount, if any, of supplemental unemployment compensation benefits, as defined in Section 501(c)(17)(D) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(17)(D)), payable to the individual for that week;  and
(3)  that pays wages not less than the greater of:
(A)  the minimum wage under Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 206(a)(1)), without regard to any exemption;  or
(B)  the applicable state or local minimum wage.
(b)  If an individual furnishes satisfactory evidence to the commission that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good, the determination of whether work is suitable for that individual shall be made in accordance with the provisions of Section 207.008 applicable to suitable work for a claimant for regular benefits, without regard to the standards of suitability in Section 209.046 and this section.
(c)  Work that does not accord with the labor standard provisions required by Section 3304(a)(5) of the Internal Revenue Code of 1986 (26 U.S.C. Section 3304(a)(5)) is not suitable work for an individual.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.048. Duration of Ineligibility; Work Requirements

Sec. 209.048.  DURATION OF INELIGIBILITY;  WORK REQUIREMENTS.  An individual ineligible for extended benefits under Section 209.043 or 209.044 is ineligible for benefits for a period:
(1)  beginning with the first day of the week following the week in which the individual is ineligible under those sections;  and
(2)  ending when the individual has been employed in each of four subsequent weeks, consecutive or nonconsecutive, and has earned remuneration in an amount not less than four times the weekly extended benefit amount.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.049. Ineligibility Due to Disqualification

Sec. 209.049.  INELIGIBILITY DUE TO DISQUALIFICATION.  (a)  Except as provided by Subsection (b), an individual is ineligible to receive extended benefits for a benefit period in the individual's eligibility period if the individual has been disqualified for regular or extended benefits under this subtitle because the individual:
(1)  voluntarily left work;
(2)  was discharged for misconduct;  or
(3)  failed to accept an offer of or apply for suitable work.
(b)  Subsection (a) does not apply if the disqualification is terminated in accordance with specific conditions established under this subtitle requiring the individual to perform service for remuneration after the date of the disqualification.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter C. Eligibility Requirements for Extended Benefits › Section 209.050. Interstate Claim

Sec. 209.050.  INTERSTATE CLAIM.  (a)  An individual is ineligible for extended benefits payable for a benefit period under an interstate claim filed in any state under an interstate benefit payment plan if an extended benefit period is not in effect for the benefit period in that state.
(b)  Subsection (a) does not apply to the first two benefit periods for which extended benefits are payable under an interstate claim filed under an interstate benefit payment plan, regardless of whether an extended benefit period is in effect for the state, to the individual from the extended benefit account established for the individual with respect to the benefit year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter D. Amount of Extended Benefits › Section 209.061. Weekly Extended Benefit Amount

Sec. 209.061.  WEEKLY EXTENDED BENEFIT AMOUNT.  The weekly extended benefit amount payable to an individual for a benefit period of total unemployment in the individual's eligibility period is equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter D. Amount of Extended Benefits › Section 209.062. Maximum Total Extended Benefit Amount

Sec. 209.062.  MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT.  The total extended benefit amount payable to an eligible individual for the individual's eligibility period is 50 percent of the total amount of regular benefits that were payable to the individual under this subtitle in the individual's applicable benefit year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter D. Amount of Extended Benefits › Section 209.063. Effect of Trade Readjustment Allowances

Sec. 209.063.  EFFECT OF TRADE READJUSTMENT ALLOWANCES.  (a)  Notwithstanding any other provision of this subtitle, the remaining balance of extended benefits that an individual would otherwise be entitled to receive in an extended benefit period for benefit periods beginning after the end of a benefit year is reduced as provided by Subsections (b) and (c) if:
(1)  the benefit year of the individual ends within an extended benefit period;  and
(2)  the individual receives trade readjustment allowances under the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.) within that benefit year.
(b)  The balance is reduced by an amount equal to the product of:
(1)  the number of benefit periods for which the individual received trade readjustment allowances within that benefit year;  and
(2)  the individual's weekly benefit amount for extended benefits.
(c)  The balance may not be reduced to less than zero.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.081. Unemployment Compensation Fund

Sec. 209.081.  UNEMPLOYMENT COMPENSATION FUND.  (a)  Extended benefits shall be paid from the compensation fund.
(b)  Payments made by the federal government for its share of extended benefits shall be deposited in the compensation fund.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.082. Charges to Reimbursing Employer

Sec. 209.082.  CHARGES TO REIMBURSING EMPLOYER.  Fifty percent of the extended benefit payments based on benefit wage credits from a reimbursing employer shall be charged to the employer's account and reimbursed by the employer in the same manner as a regular benefit payment.  Those payments may not be used in determining the replenishment ratio in Section 204.045.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.083. Charges to Taxed Employer

Sec. 209.083.  CHARGES TO TAXED EMPLOYER.  (a)  Fifty percent of extended benefit payments based on benefit wage credits from a taxed employer are chargebacks and must be used in determining the employer's benefit ratio unless regular benefits paid to the individual were determined not to be charged back against the employer's account.
(b)  Fifty percent of extended benefit payments based on benefit wage credits from a taxed employer, regardless of whether charged to an employer, shall be used in the numerator of the replenishment ratio in Section 204.045(b).  Chargebacks resulting from the payment of extended benefits shall be used in the denominator of the replenishment ratio in Section 204.045.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.084. Charges to Governmental Employer

Sec. 209.084.  CHARGES TO GOVERNMENTAL EMPLOYER.  The total amount of extended benefit payments shall be charged to the employer if the payments are based on benefit wage credits earned from:
(1)  a state;
(2)  any political subdivision of a state;  or
(3)  any instrumentality of any one or more states or political subdivisions that is wholly owned by one or more states or political subdivisions.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.0845. Charges to Indian Tribe

Sec. 209.0845.  CHARGES TO INDIAN TRIBE.  The total amount of extended benefit payments that are attributable to service in the employ of an Indian tribe and not reimbursed by the federal government shall be charged to the Indian tribe.
Added by Acts 2001, 77th Leg., ch. 518, Sec. 9, eff. June 11, 2001.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter E. Financing of Extended Benefits › Section 209.085. Notice to Taxed Base Period Employer

Sec. 209.085.  NOTICE TO TAXED BASE PERIOD EMPLOYER.  (a)  The notice to a taxed base period employer of a claim for benefits under Section 204.023 or 204.027 must state that if the claim results in the payment of extended benefits, the maximum potential chargeback may be increased by as much as 25 percent.  Further notice to the employer of the potential chargeback is not required when the extended benefits are paid.
(b)  A taxed employer subject to Section 209.084 is entitled to receive notice that its maximum potential chargeback may be increased by as much as 50 percent rather than 25 percent as provided for other employers.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter A. Back Pay Awards › Section 210.001. Notice of Back Pay Award Reduction

Sec. 210.001.  NOTICE OF BACK PAY AWARD REDUCTION.  If a back pay award to a claimant is reduced because of the receipt of unemployment compensation benefits by the claimant, the employer against whom the back pay award was made shall notify the commission of the back pay award in writing not later than the 12th day after the date on which the employer learns about the reduction.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter A. Back Pay Awards › Section 210.002. Reimbursement by Employer for Reduction of Back Pay Award

Sec. 210.002.  REIMBURSEMENT BY EMPLOYER FOR REDUCTION OF BACK PAY AWARD.  (a)  Subject to Subsection (b), an employer who is assessed a back pay award that is reduced because of the receipt of unemployment compensation benefits by the claimant shall reimburse the compensation fund for benefits paid from the compensation fund in an amount equal to the amount of the reduction in the back pay award.
(b)  An employer is not liable under this section to pay more than the amount that the commission determines the claimant was overpaid unemployment compensation benefits because of the back pay award.
(c)  An employer shall reimburse the compensation fund as provided by rules adopted by the commission.
(d)  The commission shall credit the payment of reimbursement by an employer against the overpayment of benefits.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter A. Back Pay Awards › Section 210.003. Employee's Liability; Sole Liability of Employer

Sec. 210.003.  EMPLOYEE'S LIABILITY;  SOLE LIABILITY OF EMPLOYER.  A claimant is not liable for an overpayment of benefits that results from a back pay award and for which the employer against whom the award is made is required under Section 210.002 to reimburse the compensation fund, and the employer's liability is the only liability because of the overpayment.  This section prevails over any conflicting provision of this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter B. Lost or Misplaced Warrants › Section 210.011. Replacement for Lost or Misplaced Warrant

Sec. 210.011.  REPLACEMENT FOR LOST OR MISPLACED WARRANT.  (a)  The comptroller may issue to a claimant a replacement warrant for a warrant issued in payment of benefits under this subtitle if the claimant who was entitled to receive the original warrant:
(1)  loses or for any reason fails to receive the warrant;  and
(2)  furnishes satisfactory proof to the comptroller of the loss or failure to receive the warrant.
(b)  Subject to Section 210.013, the replacement warrant shall be issued as provided by Section 403.054, Government Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.36(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter B. Lost or Misplaced Warrants › Section 210.012. Deadline for Payment of Warrant

Sec. 210.012.  DEADLINE FOR PAYMENT OF WARRANT.  The comptroller may not pay a warrant issued for benefits unless the warrant is presented for payment before the first anniversary of the date on which the warrant was issued.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.36(b), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 12.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 210 - Back Pay Awards; Lost or Misplaced Warrants › Subchapter B. Lost or Misplaced Warrants › Section 210.013. Deadline for Issuance of Replacement Warrant

Sec. 210.013.  DEADLINE FOR ISSUANCE OF REPLACEMENT WARRANT.  A replacement warrant may not be issued under this chapter after the first anniversary of the date of the original warrant.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.36(c), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.001. Location of Service for Unemployment Insurance Purposes

Sec. 211.001.  LOCATION OF SERVICE FOR UNEMPLOYMENT INSURANCE PURPOSES.  The commission may enter into arrangements with an appropriate agency of another state or a federal agency under which an individual performing services in this and one or more other states for an employing unit is considered to be engaged in employment entirely in:
(1)  this state;
(2)  one of the other states in which the individual performs some of the services;
(3)  the state of the individual's residence;  or
(4)  the state in which the employing unit maintains a place of business.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.002. Location of Service of State Employees

Sec. 211.002.  LOCATION OF SERVICE OF STATE EMPLOYEES.  (a)  The commission may enter into a reciprocal arrangement with the appropriate agency of another state under which a state employee who performs services in the state that is not the employing state is considered to be engaged in employment performed entirely in the employing state.
(b)  The commission shall enter the arrangement on request of an agency of this state that has an employee performing a service in another state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.003. Combination of Wages and Employment

Sec. 211.003.  COMBINATION OF WAGES AND EMPLOYMENT.  The commission shall participate in an arrangement for the payment of benefits determined by combining an individual's wages and employment covered under this subtitle and the wages and employment covered under the unemployment compensation laws of another state or the United States, or both, if the arrangement is approved by the United States secretary of labor in consultation with the state unemployment compensation agencies as reasonably calculated to ensure the prompt and full payment of benefits.  The arrangement must provide for:
(1)  applying the base period of one unemployment compensation law to a claim that combines an individual's wages and employment covered under two or more unemployment compensation laws;  and
(2)  avoiding the duplicate use of wages and employment because of the combination.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.004. Offset for Overpayment of Unemployment Benefits

Sec. 211.004.  OFFSET FOR OVERPAYMENT OF UNEMPLOYMENT BENEFITS.  (a)  Notwithstanding any other provision of this subtitle, the commission may enter into a reciprocal arrangement with an appropriate state or federal agency, or both, that provides:
(1)  an overpayment of benefits under this subtitle is recovered by offset from unemployment benefits otherwise payable under the unemployment compensation law of another state or of the United States;  and
(2)  an overpayment of unemployment benefits under the unemployment compensation law of the other state or the United States are recovered by offset from benefits payable under this subtitle.
(b)  A procedure for notice and opportunity for a hearing that applies to the recovery of an overpayment of unemployment benefits paid under this subtitle applies to an offset of those benefits under this section.
(c)  In this section, "unemployment benefits" means unemployment compensation benefits, trade adjustment allowances, and other unemployment assistance.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.005. Interstate or Foreign Commerce

Sec. 211.005.  INTERSTATE OR FOREIGN COMMERCE.  The commission may enter into a reciprocal arrangement with the appropriate agency of another state or federal agency, or both, under which service on a vessel or aircraft engaged in interstate or foreign commerce for a single employer is considered to be performed in this state or in another state, regardless of where the service is performed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 211 - Reciprocal Arrangements › Section 211.006. Reciprocal Treatment by Federal Agency

Sec. 211.006.  RECIPROCAL TREATMENT BY FEDERAL AGENCY.  (a)  The commission may enter into an agreement with the proper agency under an Act of Congress establishing an unemployment compensation system to provide reciprocal treatment to an individual:
(1)  who has acquired a right to unemployment compensation under the Act of Congress after acquiring a potential right to benefits under this subtitle;  or
(2)  who has acquired a right to benefits under this subtitle after acquiring a potential right to unemployment compensation under the Act of Congress.
(b)  An agreement under this section takes effect 10 days after the date on which the agreement is published in the manner provided for a rule.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.001. Procedures

Sec. 212.001.  PROCEDURES.  The manner in which disputed claims are presented, the reports on disputed claims required from claimants, employers, or other persons, and the conduct of hearings and appeals must be in accordance with rules adopted by the commission for determining the rights of parties to disputed claims.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.002. Record

Sec. 212.002.  RECORD.  (a)  A complete record shall be kept of proceedings in connection with a disputed claim.
(b)  Testimony at any hearing on a disputed claim shall be recorded.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.003. Witness Fees

Sec. 212.003.  WITNESS FEES.  (a)  A witness subpoenaed under this chapter is entitled to a fee at a rate set by the commission.
(b)  The witness fee is an expense of administering this subtitle.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.004. Payment of Benefits Pending Appeal

Sec. 212.004.  PAYMENT OF BENEFITS PENDING APPEAL.  (a)  Except as otherwise provided by this section, benefits shall be paid in accordance with a final determination.
(b)  Benefits shall be paid promptly in accordance with:
(1)  a determination or redetermination of an examiner;
(2)  a decision of an appeal tribunal;
(3)  a decision of the commission;  or
(4)  a decision of a reviewing court.
(c)  Subsection (b) applies without regard to:
(1)  any provision of this subtitle under which benefits may be paid or denied;  or
(2)  the pendency of:
(A)  a period to:
(i)  apply for reconsideration;
(ii)  file an appeal;  or
(iii)  petition for judicial review;
(B)  an application for reconsideration;
(C)  an appeal;  or
(D)  a petition for judicial review.
(d)  Benefits paid under a determination, redetermination, or decision continue until the determination, redetermination, or decision is modified or reversed by a subsequent redetermination or decision, and shall be paid or denied in accordance with the modifying or reversing redetermination or decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.005. Chargeback on Reversal of Determination or Decision Allowing Benefits Prohibited; Exception

Sec. 212.005.  CHARGEBACK ON REVERSAL OF DETERMINATION OR DECISION ALLOWING BENEFITS PROHIBITED; EXCEPTION.  (a)  Except as provided by Subsection (b), a chargeback may not be made to an employer's account because of payments having been made under a determination or decision to the claimant for any benefit period with regard to which the claimant is finally denied benefits by a modification or reversal of the determination or decision.
(b)  A chargeback shall be made to an employer's account for benefits paid to a claimant that are not in accordance with the final determination or decision under this subtitle if the benefits were paid due to the failure of the employer, or the employer's agents, to comply with Section 208.004.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 119 (S.B. 1537), Sec. 3, eff. October 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter A. General Provisions › Section 212.006. Recovery of Benefits Paid

Sec. 212.006.  RECOVERY OF BENEFITS PAID.  (a)  Benefits paid to a claimant that are not in accordance with the final decision shall be:
(1)  refunded by the claimant to the commission;  or
(2)  in the discretion of the commission, deducted from future benefits payable to the claimant under this subtitle.
(b)  Benefits paid that are not in accordance with the final decision are also collectible in the manner provided by Sections 213.031, 213.032, 213.033, 213.035, and 213.051 for the collection of past due contributions.
(c)  The commission shall accept payment for benefits refunded by a claimant under Subsection (a)(1) by personal check, cashier's check, money order, debit card, electronic check, or electronic funds transfer.  The commission shall accept payment through the mail and by Internet, as applicable.  The commission may adopt rules to accept forms of payment not listed in this subsection.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.37, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 409 (S.B. 1801), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter B. Examiners › Section 212.051. Determination by Examiner on Notification

Sec. 212.051.  DETERMINATION BY EXAMINER ON NOTIFICATION.  (a)  If the person for which a claimant last worked files a notification with the commission as provided by Section 208.004, an examiner shall determine:
(1)  whether the claimant is disqualified from receiving benefits under Sections 207.044-207.053;
(2)  the resolution of any other issue affecting the claimant's right to receive benefits that arises under any other provision of this subtitle;  and
(3)  whether, if benefits are to be paid to the claimant, a chargeback is to be made to the person's account.
(b)  The examiner shall mail a copy of the determination to the claimant and:
(1)  the person for which the claimant last worked;
(2)  the branch or division for which the claimant last worked;  or
(3)  the address for mail service designated by a governmental employer.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter B. Examiners › Section 212.052. Determination by Examiner on Examiner's Own Motion

Sec. 212.052.  DETERMINATION BY EXAMINER ON EXAMINER'S OWN MOTION.  (a)  If a notification as provided by Section 208.004 from the person for which a claimant last worked is not filed, and information on the claim or other information secured raises an issue affecting the claimant's right to benefits under this subtitle, an examiner shall determine whether the claimant is to receive benefits.
(b)  The examiner shall mail a copy of the determination to the claimant at the claimant's last known address.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter B. Examiners › Section 212.053. Determination Final; Appeal

Sec. 212.053.  DETERMINATION FINAL;  APPEAL.  An examiner's determination is final for all purposes unless:
(1)  the claimant or the person or branch for which the claimant last worked and to whom the copy of the determination is mailed files an appeal from the determination not later than the 14th calendar day after the date on which the copy of the determination is mailed to the last known address of the claimant, person, or branch as shown by commission records;
(2)  an examiner files an appeal from the determination within the period specified in Subdivision (1);  or
(3)  an examiner makes a redetermination as provided by Section 212.054.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter B. Examiners › Section 212.054. Redetermination by Examiner

Sec. 212.054.  REDETERMINATION BY EXAMINER.  (a)  Except as otherwise provided by this subsection, if an examiner discovers an error in connection with a determination or discovers additional information not previously available, the examiner, within the period specified in Section 212.053(1), may reconsider and redetermine the determination.  An examiner may issue a redetermination to correct a clerical or machine error at any time during a claimant's benefit year.
(b)  An examiner's redetermination replaces the original determination and becomes final unless the claimant or the person for which the claimant last worked files an appeal from the redetermination not later than the 14th calendar day after the date on which a copy of the redetermination is mailed to the claimant's or person's last known address as shown by commission records.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.101. Establishment of Appeal Tribunals

Sec. 212.101.  ESTABLISHMENT OF APPEAL TRIBUNALS.  (a)  The commission shall establish one or more impartial appeal tribunals to hear and decide disputed claims if the establishment of those appeal tribunals is necessary to ensure prompt disposal of cases on appeal.
(b)  An appeal tribunal is composed of a salaried examiner.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.102. Action by Appeal Tribunal

Sec. 212.102.  ACTION BY APPEAL TRIBUNAL.  Unless the appeal is withdrawn, an appeal tribunal shall affirm or modify the determination of the examiner after giving the parties reasonable opportunity for fair hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.103. Notice of Appeal Tribunal Action

Sec. 212.103.  NOTICE OF APPEAL TRIBUNAL ACTION.  The parties to an appeal shall be notified of the appeal tribunal's decision and the reasons for the decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.104. Decision Considered Final Commission Decision

Sec. 212.104.  DECISION CONSIDERED FINAL COMMISSION DECISION.  The decision of an appeal tribunal is the final decision of the commission unless further appeal is initiated as provided by Section 212.151 not later than the 14th day after the date the decision is mailed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.105. Removal or Transfer of Claim Pending Before Appeal Tribunal

Sec. 212.105.  REMOVAL OR TRANSFER OF CLAIM PENDING BEFORE APPEAL TRIBUNAL.  (a)  The commission may remove to itself or transfer to another appeal tribunal the proceedings on a claim pending before an appeal tribunal.
(b)  A quorum of the commission shall hear a proceeding removed to the commission under Subsection (a).
(c)  The commission promptly shall mail to the parties before it a copy of its findings and decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter C. Appeal Tribunals › Section 212.106. Rules Regarding Hearings Conducted by Telephone Conference

Sec. 212.106.  RULES REGARDING HEARINGS CONDUCTED BY TELEPHONE CONFERENCE.  The commission by rule shall develop procedures to ensure that an appeal tribunal makes every effort in a hearing conducted by telephone conference under this subchapter to obtain all relevant facts and evidence from the parties to the appeal.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 7A.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter D. Commission Review › Section 212.151. Review of Appeal Tribunal Decision

Sec. 212.151.  REVIEW OF APPEAL TRIBUNAL DECISION.  The commission may:
(1)  on its own motion:
(A)  affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in the case;  or
(B)  direct the taking of additional evidence;  or
(2)  permit any of the parties to the decision to initiate a further appeal before the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter D. Commission Review › Section 212.152. Notice of Commission Action

Sec. 212.152.  NOTICE OF COMMISSION ACTION.  The commission promptly shall mail to the parties before it a copy of its findings and decision.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter D. Commission Review › Section 212.153. Finality of Commission Decision

Sec. 212.153.  FINALITY OF COMMISSION DECISION.  A decision of the commission becomes final 14 days after the date the decision is mailed unless before that date:
(1)  the commission by order reopens the appeal;  or
(2)  a party to the appeal files a written motion for rehearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.201. Commencement of Judicial Review; Defendants

Sec. 212.201.  COMMENCEMENT OF JUDICIAL REVIEW;  DEFENDANTS.  (a)  A party aggrieved by a final decision of the commission may obtain judicial review of the decision by bringing an action in a court of competent jurisdiction for review of the decision against the commission on or after the date on which the decision is final, and not later than the 14th day after that date.
(b)  Each other party to the proceeding before the commission must be made a defendant in an action under this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.202. Standard of Judicial Review; Exceptions Not Necessary

Sec. 212.202.  STANDARD OF JUDICIAL REVIEW;  EXCEPTIONS NOT NECESSARY.  (a)  Judicial review under this subchapter is by trial de novo based on the substantial evidence rule.
(b)  It is not necessary in a judicial proceeding under this subchapter to enter exceptions to the rulings of the commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1208, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.203. Exhaustion of Remedies

Sec. 212.203.  EXHAUSTION OF REMEDIES.  (a)  A party claiming to be aggrieved by a final decision of the commission may not obtain judicial review of the decision unless the party has exhausted the party's remedies before the commission as provided by this subtitle.
(b)  The exhaustion of those remedies does not include a motion for rehearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.204. Filing of Action

Sec. 212.204.  FILING OF ACTION.  An action under this subchapter must be filed:
(1)  in the county of the claimant's residence;  or
(2)  if the claimant is not a resident of this state, in:
(A)  Travis County;
(B)  the county in this state in which the claimant's last employer has its principal place of business;  or
(C)  the county of the claimant's last residence in this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.205. Petition; Supersedeas

Sec. 212.205.  PETITION;  SUPERSEDEAS.  (a)  A petition in an action under this subchapter must state the grounds on which review is sought.
(b)  A petition for judicial review does not act as a supersedeas.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.206. Commission Considered Party to Judicial Review; Notice of Petition

Sec. 212.206.  COMMISSION CONSIDERED PARTY TO JUDICIAL REVIEW;  NOTICE OF PETITION.  (a)  The commission is considered a party to any judicial action involving a final decision of the commission.
(b)  A petition to bring an action under this subchapter must be served on:
(1)  a member of the commission;  or
(2)  a person designated by the commission.
(c)  As many copies of the petition as there are defendants must be left with the party served under Subsection (b).  The commission immediately shall mail one copy of the petition to each defendant.
(d)  Service in compliance with this section constitutes completed service on all defendants.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 212 - Dispute Resolution › Subchapter E. Judicial Review of Commission Decision › Section 212.207. Representation of Commission

Sec. 212.207.  REPRESENTATION OF COMMISSION.  The commission may be represented in any judicial action involving a final decision of the commission by any qualified attorney who:
(1)  is a regular salaried employee of the commission;  and
(2)  has been appointed for that purpose by the attorney general.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.