State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > Chapter-207-benefits

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 207. BENEFITS

SUBCHAPTER A. PAYMENT OF BENEFITS

Sec. 207.001. PAYMENT OF BENEFITS. Benefits are paid through

the commission in accordance with rules adopted by the commission

and are due and payable under this subtitle only to the extent

provided by this subtitle.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.002. BENEFITS FOR TOTAL UNEMPLOYMENT. (a) An eligible

individual who is totally unemployed in a benefit period is

entitled to benefits for the benefit period at the rate of 1/25

of the wages received by the individual from employment by

employers during that quarter in the individual's base period in

which wages were highest. For purposes of this subsection, the

wages received by the individual from employment by employers

during the individual's base period include wages ordered to be

paid to the individual by a final order of the commission under

Chapter 61 that:

(1) were due to be paid to the individual by an employer during

the individual's base period; and

(2) will be credited to the date or dates on which the payment

of those wages was due.

(a-1) The commission by rule shall determine the method of

crediting wages to a particular quarter for purposes of

Subsection (a).

(a-2) The rate of benefits paid under this section may not be

more than the maximum weekly benefit amount computed under

Subsection (b) or less than the minimum weekly benefit amount

computed under Subsection (b) for each benefit period.

(b) The maximum weekly benefit amount is 47.6 percent of the

average weekly wage in covered employment in this state. The

minimum weekly benefit amount is 7.6 percent of the average

weekly wage in covered employment in this state.

covered employment and compute the maximum and minimum weekly

benefit amount not later than October 1 of each year based on the

annual average weekly wage for the preceding year. If a benefit

amount computed under this subsection includes cents, the

commission shall adjust the benefit amount as follows:

(1) if the computed benefit amount includes at least one cent

but not more than 49 cents, the commission shall round the

benefit down to the nearest multiple of $1; and

(2) if the computed benefit amount includes at least 50 cents

but not more than 99 cents, the commission shall round the

benefit amount up to the nearest multiple of $1.

(c-1) An increase in the maximum weekly benefit amount may not

exceed $14 in any year. An increase in the minimum weekly

benefit amount may not exceed $1 in any year.

(d) An increase in maximum and minimum benefit amounts under

this section takes effect on October 1.

(e) The maximum benefit amount payable to an individual for a

benefit period under this section on the effective date of a

valid claim is the maximum benefit amount payable to that

individual until the individual establishes a new benefit year.

(f) In this section, "wages" has the meaning assigned in

Subchapter F, Chapter 201, except that the limitation of wages

provided in Section 201.082(1) does not apply.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 2001, 77th Leg., ch. 803, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1104, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1052, Sec. 1, eff. June 15, 2007.

Sec. 207.003. BENEFITS FOR PARTIAL UNEMPLOYMENT. (a) An

eligible individual who is partially unemployed in a benefit

period is entitled to partial benefits for that benefit period.

(b) The amount of a partial benefit is computed by:

(1) adding the individual's benefit amount and the greater of $5

or 25 percent of the benefit amount; and

(2) subtracting the amount of the wages earned by the individual

during the benefit period from the amount computed under

Subdivision (1).

Subchapter F, Chapter 201, except that the limitation of wages

provided in Section 201.082(1) does not apply.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.004. BENEFIT WAGE CREDITS. (a) The commission shall

credit as benefit wage credits during an individual's base

period:

(1) wages the individual received for employment from an

employer during the individual's base period; and

(2) wages ordered to be paid by a final order issued by the

commission under Chapter 61 that:

(A) were due to be paid by an employer during the individual's

base period; and

(B) will be credited to the date or dates on which the payment

of those wages was due.

(a-1) The commission by rule shall determine the method of

crediting wages to an individual's base period for purposes of

Subsection (a).

(b) Wages used to qualify an individual for regular benefits

under this subtitle or under any other unemployment compensation

law may not be used again to qualify the individual for regular

benefits.

commission, wages that were paid to an individual during a base

period, the commission may determine the amount of benefit wage

credits for the individual for the base period from the best

information obtained by the commission.

(d) In this section:

(1) "Benefit wage credits" means those wages used to determine

an individual's right to benefits.

(2) "Wages" has the meaning assigned in Subchapter F, Chapter

201, except that the limitation of wages provided in Section

201.082(1) does not apply.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1052, Sec. 2, eff. June 15, 2007.

Sec. 207.005. MAXIMUM AMOUNT OF BENEFITS. The maximum amount of

benefits payable to an eligible individual during a benefit year

may not exceed the lesser of:

(1) 26 times the individual's benefit amount; or

(2) 27 percent of the individual's benefit wage credits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.006. ADJUSTMENT OF BENEFITS. If a benefit rate or

benefit payable computed under this chapter is not a multiple of

$1, the benefit rate or benefit payable is increased to the next

multiple of $1.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.007. FEES LIMITATION; LEGAL REPRESENTATION; CRIMINAL

OFFENSE; PENALTY. (a) An individual claiming benefits under

this subtitle may not be charged a fee in a proceeding under this

subtitle by:

(1) the commission or a representative of the commission; or

(2) a court or an officer of a court.

(b) An individual claiming benefits in a proceeding before the

commission or a court may be represented by counsel or another

authorized agent. Counsel or an agent representing an individual

under this subtitle may charge and collect a fee for the

counsel's or agent's services.

offense under this section is punishable by:

(1) a fine of not less than $50 and not more than $500;

(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.

Amended by:

Acts 2005, 79th Leg., Ch.

1104, Sec. 2, eff. September 1, 2005.

Sec. 207.008. SUITABLE WORK. (a) In determining whether work

is suitable for an individual, the commission shall consider:

(1) the degree of risk involved to the individual's health,

safety, and morals at the place of performance of the work;

(2) the individual's physical fitness and previous training;

(3) the individual's experience and previous earnings;

(4) the individual's length of unemployment and prospects for

securing local work in the individual's customary occupation; and

(5) the distance of the work from the individual's residence.

(b) Notwithstanding any other provision of this subtitle, work

is not suitable and benefits may not be denied under this

subtitle to an otherwise eligible individual for refusal to

accept new work if:

(1) the position offered is vacant directly because of a strike,

lockout, or other labor dispute;

(2) the wages, hours, or other conditions of the work offered

are substantially less favorable to the individual than those

prevailing for similar work in the locality; or

(3) as a condition of being employed, the individual is required

to join a company union or to resign from or refrain from joining

a bona fide labor organization.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.009. PAYMENT OF BENEFITS BY INDIAN TRIBE. Benefits

based on service in the employ of an Indian tribe, as described

by Section 201.048, are payable in the same amount, on the same

terms, and subject to the same conditions as benefits paid on the

basis of other service under this subtitle.

Added by Acts 2001, 77th Leg., ch. 518, Sec. 8, eff. June 11,

2001.

SUBCHAPTER B. BENEFIT ELIGIBILITY

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) 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;

(6) 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;

(7) has been totally or partially unemployed for a waiting

period of at least seven consecutive days; and

(8) 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.

individual who has been paid benefits in the individual's current

benefit year equal to or exceeding three times the individual's

benefit amount is eligible to receive benefits on the

individual's waiting period claim in accordance with this

subtitle.

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.

Sec. 207.0211. ELIGIBILITY OF CERTAIN DISABLED PERSONS. A

permanently disabled individual is considered to be able to work

under Section 207.021(a)(3) and available for work for purposes

of Section 207.021(a)(4) if, as a result of the individual's

disability, the individual:

(1) is unable to work full-time;

(2) has worked part-time during a substantial part of the

individual's base period;

(3) is seeking part-time work consistent with the limitations

imposed by the individual's disability; and

(4) is receiving disability insurance benefits under 42 U.S.C.

Section 423.

Added by Acts 2005, 79th Leg., Ch.

493, Sec. 1, eff. June 17, 2005.

Sec. 207.0212. ELIGIBILITY OF CERTAIN PERSONS UNEMPLOYED BECAUSE

OF DISASTER. (a) In this section, "disaster unemployment

assistance benefits" means benefits authorized under Section 410,

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(42 U.S.C. Section 5177), and rules adopted under that section.

(b) Notwithstanding Section 207.021, the governor, by executive

order, may suspend the waiting period requirement imposed under

Section 207.021(a)(7) to authorize an individual to receive

benefits for that waiting period if the individual:

(1) is unemployed as a direct result of a natural disaster that

results in a disaster declaration by the president of the United

States under the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. Section 5121 et seq.);

(2) is otherwise eligible for unemployment compensation benefits

under this subtitle; and

(3) is not receiving disaster unemployment assistance benefits

for the period included in that waiting period.

Added by Acts 2009, 81st Leg., R.S., Ch.

1280, Sec. 1.19, eff. September 1, 2009.

Sec. 207.022. COMMISSION-APPROVED TRAINING. (a) An individual

may not be denied benefits because the individual is in training

with the approval of the commission.

(b) An individual may not be denied benefits for a benefit

period in which the individual is in training with the approval

of the commission because of the provisions of Section 207.021

relating to the individual's:

(1) availability for work;

(2) active search for work; or

(3) refusal to apply for or refusal to accept suitable work.

adopted by the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 207.023. TRAINING UNDER THE TRADE ACT OF 1974. (a) This

section applies only to training approved under Section 236(a)(1)

of the Trade Act of 1974 (19 U.S.C. Section 2296(a)(1)).

(b) An otherwise eligible individual may not be denied benefits

for a week:

(1) that the individual was in training;

(2) that the individual left work to enter training if the work

the individual left was not suitable employment; or

(3) because of the application to the week in training of a

provision of this subtitle or a federal unemployment compensation

law relating to the individual's:

(A) availability for work;

(B) active search for work; or

means work for an individual that:

(1) is of a skill level substantially equal to or higher than

that of the individual's past adversely affected employment, as

that term is used by the Trade Act of 1974 (19 U.S.C. Section

2101 et seq.); and

(2) pays wages that are not less than 80 percent of the

individual's average weekly wage as determined for the purposes

of the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

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.

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.

SUBCHAPTER C. EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS

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.

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.

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.

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.

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.

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.

Sec. 207.045. VOLUNTARILY LEAVING WORK. (a) An individual is

disqualified for benefits if the individual left the individual's

last work voluntarily without good cause connected with the

individual's work.

(b) Except as provided by Subsection (c), a 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.

individual who left work to move with the individual's spouse

from the area where the individual worked continues for not less

than six benefit periods and not more than 25 benefit periods

following the filing of a valid claim as determined by the

commission according to the circumstances of the case.

(d) Notwithstanding any other provision of this section, an

individual who is available to work may not be disqualified for

benefits because the individual left work because of:

(1) a medically verified illness of the individual or the

individual's minor child;

(2) injury;

(3) disability;

(4) pregnancy;

(5) an involuntary separation as described by Section 207.046;

(6) a move from the area of the individual's employment that:

(A) was made with the individual's spouse who is a member of the

armed forces of the United States; and

(B) resulted from the spouse's permanent change of station of

longer than 120 days or a tour of duty of longer than one year.

(e) For the purposes of Subsection (d), a medically verified

illness of a minor child prevents disqualification only if

reasonable alternative care was not available to the child and

the employer refused to allow the individual a reasonable amount

of time off during the illness.

(f) Military personnel who do not reenlist have not left work

voluntarily without good cause connected with work.

(g) An individual who is partially unemployed and who resigns

that employment to accept other employment that the individual

reasonably believes will increase the individual's weekly wage is

not disqualified for benefits under this section.

(h) A temporary employee of a temporary help firm is considered

to have left the employee's last work voluntarily without good

cause connected with the work if the temporary employee does not

contact the temporary help firm for reassignment on completion of

an assignment. A temporary employee is not considered to have

left work voluntarily without good cause connected with the work

under this subsection unless the temporary employee has been

advised:

(1) that the temporary employee is obligated to contact the

temporary help firm on completion of assignments; and

(2) that unemployment benefits may be denied if the temporary

employee fails to do so.

(i) An assigned employee of a staff leasing services company is

considered to have left the assigned employee's last work without

good cause if the staff leasing services company demonstrates

that:

(1) at the time the employee's assignment to a client company

concluded, the staff leasing services company, or the client

company acting on the staff leasing services company's behalf,

gave written notice and written instructions to the assigned

employee to contact the staff leasing services company for a new

assignment; and

(2) the assigned employee did not contact the staff leasing

services company regarding reassignment or continued employment;

provided that the assigned employee may show that good cause

existed for the assigned employee's failure to contact the staff

leasing services company.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.33(a), eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 1379, Sec. 21, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 817, Sec. 7A.03, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

39, Sec. 2, eff. May 9, 2005.

Acts 2005, 79th Leg., Ch.

987, Sec. 1, eff. September 1, 2005.

Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual is not

disqualified for benefits under this subchapter if:

(1) the work-related reason for the individual's separation from

employment was urgent, compelling, and necessary so as to make

the separation involuntary;

(2) the individual leaves the workplace to protect the

individual from family violence or stalking as evidenced by:

(A) an active or recently issued protective order documenting

family violence against, or the stalking of, the employee or the

potential for family violence against, or the stalking of, the

employee;

(B) a police record documenting family violence against, or the

stalking of, the employee; or

describes the family violence against the employee that:

(i) is recorded in any form or medium that identifies the

employee as the patient; and

(ii) relates to the history, diagnosis, treatment, or prognosis

of the patient; or

(3) the individual leaves the workplace to care for the

individual's terminally ill spouse as evidenced by a physician's

statement or other medical documentation, but only if no

reasonable, alternative care was available.

(b) Except as provided by law, evidence regarding an employee

described by Subsection (a)(2) may not be disclosed to any person

without the consent of the employee.

(1) "Family violence" has the meaning assigned by Section

71.004, Family Code.

(2) "Stalking" means conduct described by Section 42.072, Penal

Code.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 2003, 78th Leg., ch. 817, Sec. 7A.04, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1180, Sec. 3, eff. June 15, 2007.

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.

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.

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.

Sec. 207.049. RECEIPT OF REMUNERATION. 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; or

(2) 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

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.

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.

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.

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

(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.

Sec. 207.052. LEAVING WORK TO ATTEND EDUCATIONAL INSTITUTION.

(a) An individual is disqualified for benefits for a period of

unemployment for which the individual left the individual's most

recent work to attend an established educational institution.

(b) This section does not apply to a period in which the

individual is in training with the approval of the commission

under Section 207.022.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

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.

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.

SUBCHAPTER D. PROTECTION OF BENEFIT RIGHTS

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.

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.

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.

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.

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.

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.

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.

SUBCHAPTER E. CHILD SUPPORT OBLIGATIONS

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.

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.

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.

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, Sec. 63, eff. September 1, 2007.

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.

SUBCHAPTER F. TAX WITHHOLDING

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, Sec. 3, eff. September 1, 2005.

SUBCHAPTER G. WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR

UNCOLLECTED OVERISSUANCES OF FOOD STAMPS

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.

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.

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.

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.

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.