Bill Text: TX HB2035 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the shared work unemployment compensation program.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-10 - Effective on 9/1/13 [HB2035 Detail]
Download: Texas-2013-HB2035-Enrolled.html
H.B. No. 2035 |
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relating to the shared work unemployment compensation program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 204.022, Labor Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Shared work benefits paid under Chapter 215 may not be | ||
charged to the account of an employer if the benefits are reimbursed | ||
by the federal government under the federal Layoff Prevention Act | ||
of 2012 (Pub. L. No. 112-96, Subtitle D, Title II). | ||
SECTION 2. Section 215.001, Labor Code, is amended by | ||
amending Subdivision (2) and adding Subdivision (9) to read as | ||
follows: | ||
(2) "Fringe benefit" means health insurance, a | ||
retirement benefit received under a defined benefit plan, as | ||
defined by 26 U.S.C. Section 414(j), or under a defined | ||
contribution plan, as defined by 26 U.S.C. Section 414(i) [ |
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similar employee benefit provided by an employer. | ||
(9) "Training" means commission-approved voluntary | ||
training sponsored by an employer or funded under the Workforce | ||
Investment Act of 1998 (29 U.S.C. Section 2801 et seq.) that is | ||
designed to enhance a participant's job skills. | ||
SECTION 3. Section 215.022, Labor Code, is amended to read | ||
as follows: | ||
Sec. 215.022. REQUIREMENTS OF SHARED WORK PLAN. (a) The | ||
commission may approve a shared work plan if: | ||
(1) the plan: | ||
(A) applies to and identifies a specific affected | ||
unit; | ||
(B) identifies the employees in the affected unit | ||
by name and social security number and describes how the employees | ||
will be notified in advance of the plan, if feasible; | ||
(C) provides an estimate of the number of | ||
employees who would be laid off if the employer does not participate | ||
in the shared work plan; | ||
(D) [ |
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for an employee in the affected unit by at least 10 percent but not | ||
more than 40 percent; | ||
(E) [ |
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employees in the affected unit; and | ||
(F) permits eligible employees to participate in | ||
training [ |
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(2) the employer certifies that the implementation of | ||
a shared work plan and the resulting reduction in work hours is in | ||
lieu of [ |
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(A) affect at least 10 percent of the employees | ||
in the affected unit; and | ||
(B) result in an equivalent reduction in work | ||
hours; [ |
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(3) the employer certifies that: | ||
(A) if the employer currently provides fringe | ||
benefits, the fringe benefits continue for employees in the | ||
affected unit unless those benefits are not continued for employees | ||
not participating in the shared work plan; and | ||
(B) participation in the shared work plan is | ||
consistent with the employer's obligations under state and federal | ||
law; and | ||
(4) the employer agrees to furnish the commission | ||
reports relating to the operation of the plan as requested by the | ||
commission and any other information the United States secretary of | ||
labor determines is appropriate. | ||
(b) A shared work plan may not be implemented to subsidize a | ||
seasonal employer during the off-season [ |
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SECTION 4. The change in law made by this Act applies only | ||
to a shared work plan submitted by an employer to the Texas | ||
Workforce Commission on or after the effective date of this Act. A | ||
shared work plan submitted before the effective date of this Act is | ||
governed by the law in effect on the date the plan was submitted, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2035 was passed by the House on April | ||
11, 2013, by the following vote: Yeas 135, Nays 9, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2035 was passed by the Senate on April | ||
25, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |