2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter B. Benefit Eligibility › Section 207.021. Benefit Eligibility Conditions

Sec. 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)  is actively seeking work in accordance with rules adopted by the commission;
(6)  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;
(7)  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;
(8)  has been totally or partially unemployed for a waiting period of at least seven consecutive days; and
(9)  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.
(b-1)  An individual for whom suitable work is available only in an occupation designated by United States Department of Labor regulation as an occupation that regularly conducts preemployment drug testing is available for work for purposes of Subsection (a)(4) only if the individual complies with the applicable requirements of the drug screening and testing program administered by the commission under Section 207.026.  The commission shall adopt rules for determining the type of work that is suitable for an individual for purposes of this subsection.
(c)  Notwithstanding any other provision of this section, an individual is eligible to receive benefits on the individual's waiting period claim in accordance with this subtitle if the individual has been paid benefits in the individual's current benefit year equal to or exceeding two times the individual's benefit amount and:
(1)   has returned to full-time employment after being totally or partially unemployed for at least seven consecutive days; or
(2)  has exhausted the individual's regular benefits for the current benefit year, other than benefits applicable to the waiting period.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 759, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 107 (S.B. 920), Sec. 1, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1141 (S.B. 21), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 220 (H.B. 931), Sec. 1, eff. September 1, 2015.