Bill Text: TX SB919 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to the shared work unemployment compensation program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-18 - Removed from local & uncontested calendar [SB919 Detail]

Download: Texas-2013-SB919-Comm_Sub.html
 
 
  By: Eltife  S.B. No. 919
         (In the Senate - Filed February 27, 2013; March 5, 2013,
  read first time and referred to Committee on Economic Development;
  April 4, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 4, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 919 By:  Eltife
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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) [pension
  plan], a paid vacation day, a paid holiday, sick leave, or any other
  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) [(C)]  reduces the normal weekly hours of work
  for an employee in the affected unit by at least 10 percent but not
  more than 40 percent;
                     (E) [(D)]  applies to at least 10 percent of the
  employees in the affected unit; and
                     (F)  permits eligible employees to participate in
  training [(E)     describes the manner in which the participating
  employer treats the fringe benefits of each employee in the
  affected unit];
               (2)  the employer certifies that the implementation of
  a shared work plan and the resulting reduction in work hours is in
  lieu of [temporary] layoffs that would:
                     (A)  affect at least 10 percent of the employees
  in the affected unit; and
                     (B)  result in an equivalent reduction in work
  hours; [and]
               (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 [or to subsidize an
  employer who traditionally has used part-time employees].
         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.
 
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