reglab/statecodes huggingface dataset:
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 207.024. Claim Filed or Residence in Another State or Country

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
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 207.025. Pregnancy or Termination of Pregnancy

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.041. Services in Educational Institutions

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.042. Athletes

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.043. Aliens

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.044. Discharge for Misconduct

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.047. Failure to Apply For, Accept, or Return to Work

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.048. Labor Disputes

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.049. Receipt of Remuneration

Sec. 207.049.  RECEIPT OF REMUNERATION.  (a) 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;
(2)  severance pay; or
(3)  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.
(b)  In this section, "severance pay" means dismissal or separation income paid on termination of employment in addition to the employee's usual earnings from the employer at the time of termination.  The term does not include any remuneration received by an employee under:
(1)  a release of claims or settlement agreement entered into between the employee and the employer:
(A)  based on an alleged violation of the Civil Rights Act of 1991 (Pub. L. No. 102-166); or
(B)  pursuant to a claim or cause of action filed in connection with the employment relationship; or
(2)  a written contract, including a collective bargaining agreement, negotiated with the employer before the date of separation from employment of the employee.
(c)  The commission may adopt rules as necessary to administer this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 906, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 212 (H.B. 14), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.050. Receipt of Pension or Annuity

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 906, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.051. Sale of Business

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 93, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter C. Exceptions to and Disqualification for Benefits › Section 207.053. Refusal to Treat Communicable Disease

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.071. Waiver, Release, or Commutation Agreement Invalid

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.072. Acceptance or Requirement of Waiver Prohibited

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.073. Prohibited Deduction From Wages

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.074. Criminal Offense; Penalty

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.075. Assignment of Benefits Prohibited; Benefit Exemptions

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter D. Protection of Benefit Rights › Section 207.076. Equal Treatment

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter E. Child Support Obligations › Section 207.091. Definitions

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter E. Child Support Obligations › Section 207.092. Disclosure of Child Support Obligations

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter E. Child Support Obligations › Section 207.093. Withholding of Child Support by Commission

Sec. 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(19)(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 459(i)(5) of the Social Security Act (42 U.S.C. Section 659).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 63, eff. September 1, 2007.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter E. Child Support Obligations › Section 207.094. Federal Law Requirement

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter F. Tax Withholding › Section 207.101. Withholding From Benefits for Federal Income Tax

Sec. 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).
(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, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1104 (H.B. 2273), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter G. Withholding From Unemployment Benefits for Uncollected Overissuances of Food Stamps › Section 207.111. Definitions

Sec. 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, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter G. Withholding From Unemployment Benefits for Uncollected Overissuances of Food Stamps › Section 207.112. Application

Sec. 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, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter G. Withholding From Unemployment Benefits for Uncollected Overissuances of Food Stamps › Section 207.113. Required Disclosure; Notice to Food Stamp Agency

Sec. 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, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 207 - Benefits › Subchapter G. Withholding From Unemployment Benefits for Uncollected Overissuances of Food Stamps › Section 207.114. Withholding

Sec. 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, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter A. Filing of Claim › Section 208.001. Filing; Information Notices

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.34, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter A. Filing of Claim › Section 208.002. Initial Claim; Last Work

Sec. 208.002.  INITIAL CLAIM; LAST WORK.  (a)  When used in connection with an initial claim, "last work" and "person for whom the claimant last worked" refer to:
(1)  the last person for whom the claimant actually worked, if the claimant worked for that person for at least 30 hours during a week; or
(2)  the employer, as defined by Subchapter C, Chapter 201, or by the unemployment law of any other state, for whom the claimant last worked.
(b)  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.
(c)   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, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 12 (S.B. 458), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter A. Filing of Claim › Section 208.003. Notice to Employer

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter A. Filing of Claim › Section 208.004. Notification of Adverse Facts Affecting Claim; Waiver

Sec. 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.
(a-1)  A notification provided by a person under Subsection (a), including an initial response to a notice mailed to the person under Section 208.002, must include sufficient factual information to allow the commission to make a determination regarding the claimant's entitlement to benefits under this subtitle.
(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.
(c)  Notwithstanding Subchapter B, Chapter 204, benefits paid to a claimant that are not in accordance with the final determination or decision under this subtitle shall be charged to the account of a person if:
(1)  the person, or the person's agent, without good cause, fails to provide adequate or timely notification under this section; and
(2)  the commission determines that the person, or the person's agent, has failed to provide timely or adequate notification under this section on at least two prior occasions.
(d)  For purposes of Subsection (c), a notification is not adequate if the notification merely alleges that a claimant is not entitled to benefits without providing sufficient factual information, other than a general statement of the law, to support the allegation.
(e)  For purposes of Subsection (c), good cause is established only by showing that a person, or the person's agent, was prevented from complying with this section due to compelling circumstances that were beyond the person's control.
(f)  The commission may adopt rules as necessary to implement this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 119 (S.B. 1537), Sec. 2, eff. October 1, 2013.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter A. Filing of Claim › Section 208.005. Claim Status Information

Sec. 208.005.  CLAIM STATUS INFORMATION.  (a)  The commission shall ensure that a person who files a claim for benefits is able to check the status of the person's claim through one or more convenient telephonic or electronic methods.  Each method must provide the person with an option to submit the person's contact information to the commission and receive a return phone call or e-mail response from the commission within a reasonable time regarding the status of the person's claim.
(b)  The commission shall include in a prominent location on the commission's Internet website detailed information regarding the methods available to a claimant for checking the status of a claim for benefits.
Added by Acts 2021, 87th Leg., R.S., Ch. 416 (S.B. 2099), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter B. Claim Determination › Section 208.021. Initial Claim Determination

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter B. Claim Determination › Section 208.022. Notice of Initial Claim Determination

Sec. 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, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 208 - Benefit Claims › Subchapter B. Claim Determination › Section 208.023. Request for Redetermination or Appeal by Claimant

Sec. 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, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.35, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter A. General Provisions › Section 209.001. Definitions

Sec. 209.001.  DEFINITIONS.  In this chapter:
(1)  "Eligibility period" means the period consisting of the benefit periods in an individual's benefit year that begin in an extended benefit period and, if the individual's benefit year ends within the extended benefit period, any subsequent benefit periods that begin in the extended benefit period.
(2)  "Extended benefit" means a benefit payable to an individual under this chapter for a benefit period of unemployment in the individual's eligibility period, including a benefit payable to a federal civilian employee or to an ex-servicemember under 5 U.S.C. Chapter 85.
(3)  "Regular benefit" means a benefit, other than an extended benefit, payable to an individual under this subtitle or another state unemployment compensation law, including a benefit payable to a federal civilian employee or an ex-servicemember under 5 U.S.C. Chapter 85.
(4)  "Secretary" means the United States secretary of labor.
(5)  "State unemployment compensation law" means the unemployment compensation law of a state if the law is approved by the secretary under Section 3304 of the Internal Revenue Code of 1986 (26 U.S.C. Section 3304).
(6)  "Employment service" has the meaning assigned by Section 301.001.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 4 - Employment Services and Unemployment › Subtitle A - Texas Unemployment Compensation Act › Chapter 209 - Extended Benefits › Subchapter A. General Provisions › Section 209.002. Application of Provisions Relating to Regular Benefits

Sec. 209.002.  APPLICATION OF PROVISIONS RELATING TO REGULAR BENEFITS.  A provision of this subtitle or a commission rule applicable to a claim for or the payment of regular benefits applies to a claim for or the payment of extended benefits unless the result of the application of the provision or rule is inconsistent with this chapter.
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 A. General Provisions › Section 209.003. Findings

Sec. 209.003.  FINDINGS.  (a)  The commission shall make findings as necessary to determine an extended benefit period, compute the rate of insured unemployment, and determine the eligibility or ineligibility or disqualification of an individual for extended benefits.
(b)  A finding of an extended benefit period and a computation of the rate of insured unemployment shall be made in accordance with the rules of the secretary.
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 B. Determination of Extended Benefit Period › Section 209.021. Beginning and Ending Dates for Extended Benefit Period

Sec. 209.021.  BEGINNING AND ENDING DATES FOR EXTENDED BENEFIT PERIOD.  (a)  Except as provided by Subsection (b), an extended benefit period begins with the third week after a week with a state "on" indicator.
(b)  An extended benefit period may not begin before the 14th week after the end of a previous extended benefit period in effect for this state.
(c)  An extended benefit period ends with the later of:
(1)  the third week after the first week with a state "off" indicator;  or
(2)  the 13th consecutive week of the period.
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 B. Determination of Extended Benefit Period › Section 209.022. State "On" and "Off" Indicator Weeks

Sec. 209.022.  STATE "ON" AND "OFF" INDICATOR WEEKS.  (a)  Except for a week to which Subsection (b) applies, a week is a state "on" indicator week if the rate of insured unemployment for the period consisting of that week and the preceding 12 weeks:
(1)  is five percent or more;  and
(2)  equalled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years.
(b)  If the determination that the week is a state "on" indicator week would begin an extended benefit period, the week is a state "on" indicator week if the rate of insured unemployment for the period consisting of that week and the preceding 12 weeks is six percent or more.
(c)  Except for a week to which Subsection (d) applies, a week is a state "off" indicator week if the rate of insured unemployment for the period consisting of that week and the preceding 12 weeks is less than:
(1)  five percent;  or
(2)  120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding two calendar years.
(d)  If the determination that a week is a state "off" indicator week would end an extended benefit period, the week is a state "off" indicator week if the rate of insured unemployment for the period consisting of that week and the preceding 12 weeks is less than six percent.
(e)  Notwithstanding Subsection (d), any week that would otherwise be a state "on" indicator week under Subsection (a) may not be a state "off" indicator week.
(f)  The rate of insured unemployment as used in this section is not to be seasonally adjusted.
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 B. Determination of Extended Benefit Period › Section 209.023. Rate of Insured Unemployment

Sec. 209.023.  RATE OF INSURED UNEMPLOYMENT.  For the purpose of Section 209.022, the rate of insured unemployment is computed by:
(1)  dividing:
(A)  the average weekly number of individuals filing claims for regular compensation in this state for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the commission from the commission's reports to the secretary;  by
(B)  the average monthly employment covered under this subtitle for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period;  and
(2)  multiplying the quotient by 100 to determine a percentage rate.
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 B. Determination of Extended Benefit Period › Section 209.024. Public Announcement of Extended Benefit Period

Sec. 209.024.  PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT PERIOD.  The commission shall publicly announce, in accordance with commission rule, the beginning of each extended benefit period and the termination of each extended benefit period.
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 B. Determination of Extended Benefit Period › Section 209.025. Federal Funding of Extended Benefits

Sec. 209.025.  FEDERAL FUNDING OF EXTENDED BENEFITS.  Notwithstanding any other provision of this subchapter, the commission by rule may adjust the extended benefit eligibility period as necessary to maximize the receipt of any fully funded federal extended unemployment benefits, if full federal funding for those benefits is available.
Added by Acts 2011, 82nd Leg., R.S., Ch. 163 (H.B. 2831), Sec. 1, eff. May 28, 2011.