Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,491
5445-5614 p. ; 28 cm.View a full description of this periodical.
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extended benefits being paid (most or all of which would subse-
quently be expended by unemployment claimants).
There are implications relating to the costs (described below) or
revenues (described above) of the state or local governments as
a result of enforcing or administering the rules.
There are no anticipated economic costs to persons required to
comply with the rules.
There is no estimated adverse economic effect on small busi-
nesses as a result of enforcing or administering the rules.
The Commission estimates that $335 million in these Ul ex-
tended benefits, as authorized by the American Recovery and
Reinvestment Act of 2009 and HB 4586, 81 st Texas Legislature,
will be expended (i.e., for individuals who will have exhausted
emergency unemployment compensation and are otherwise
eligible for Ul extended benefits even if their benefit year for
regular benefits has expired). Total expenditures of emergency
unemployment compensation during the most recent 33 weeks
in Texas (i.e., from November 27, 2008, through July 15, 2009)
have been analyzed in the context of proportions of benefit
expenditures attributed to certain base period employers. As
directed by DOL, federal unemployment compensation statute
requires "conforming legislation" on the part of states, and
as a result of this, Texas Labor Code, 209.084, was earlier
enacted to provide that the total amount of extended benefit
payments shall be charged to the employer (i.e., and not
included in the federal share) if the payments are based on
benefit wage credits earned from: (1) a state; (2) any political
subdivision of a state; or (3) any instrumentality of any one or
more states or political subdivisions that is wholly owned by
one or more states or political subdivisions. The assumption
is being made that expenditures of Ul extended benefits will
occur among base period employers largely in the proportion
that they occurred for emergency unemployment compensation
during the most recent 33-week period in Texas. During this
period, 2.6 percent of emergency unemployment compensation
benefits were attributed to former employees for which local
governments in Texas had been their base employer, and 1.1
percent of emergency unemployment compensation benefits
were attributed to former employees for which state government
in Texas (including state agencies and state universities and
hospitals) had been their base employer. Applying these per-
centages to the estimated $335 million in Ul extended benefits,
the estimated cost impact for local governments in Texas is $8.7
million, and the estimated cost impact for state government
in Texas (including state agencies and state universities and
hospitals) is $3.7 million.
Economic Impact Statement and Regulatory Flexibility Analysis
The Agency has determined that the proposed rules will not have
an adverse economic impact on small businesses as these pro-
posed rules place no requirements on small businesses.
Mark Hughes, Director of Labor Market Information, has deter-
mined that there is no significant negative impact upon employ-
ment conditions in the state as a result of the rules.
LaSha Lenzy, Director of the Unemployment Insurance Division,
has determined that for each year of the first five years the rules
are in effect, the public benefit anticipated as a result of enforcing
the rules will be to provide long-term unemployed Texans with up
to 13 weeks of additional unemployment compensation benefits.PART IV. COORDINATION ACTIVITIES
Comments on the proposed rules may be submitted to TWC
Policy Comments, Workforce Policy and Service Delivery, attn:
Workforce Editing, 10 East 15th Street, Room 440T, Austin,
Texas 78778; faxed to (512) 475-3577; or e-mailed to TWCPol-
icyComments@twc.state.tx.us. The Commission must receive
comments postmarked no later than 30 days from tda the date this
proposal is published in the Texas Register.
The rul e rules are proposed under Texas Labor Code 301.0015 and
302.002(d), which provide the Texas Workforce Commission
with the authority to adopt, amend, or repeal such rules as it
deems necessary for the effective administration of Agency ser-
vices and activities.
The proposed rules affect Texas Labor Code, Title 4.
815.170. State "On" and "Off" Indicator Weeks: Conditional Trig-
ger.
(a) In addition to the state "on" indicator provisions for ex-
tended benefits in the Act, and with respect to weeks of unemployment
beginning on or after February 17, 2009, a week is a state "on" indica-
tor week if:
(1) the average rate of total unemployment in Texas (sea-
sonally adjusted), as determined by the U.S. Secretary of Labor, for the
period consisting of the most recent three months for which data for all
states are published before the close of such week equals or exceeds
6.5 percent; and
(2) the average rate of total unemployment in Texas (sea-
sonally adjusted), as determined by the U.S. Secretary of Labor, for
the three-month period referred to in paragraph (1) of this subsection,
equals or exceeds 110 percent of such average for either or both of the
corresponding three-month periods ending in the two preceding calen-
dar years.
(b) In addition to the state "off" indicator provisions for ex-
tended benefits in the Act, there is a state "off" indicator for only a
week if, for the period consisting of such week and the immediately
preceding twelve weeks, none of the options specified in subsection
(a) of this section result in an "on" indicator.
(c) This section continues in effect until the week ending four
weeks prior to the last week of unemployment for which 100 per-
cent federal sharing is available under P.L. 111-5, Division B, Title II,
2005(a), without regard to the extension of federal sharing for certain
claims as provided under 2005(c) of such law.
815.171. High Unemployment Period: Maximum Total Extended
Benefit Amount.
(a) If the conditions under 815.170(a) of this subchapter are
met except that the average rate of total unemployment equals or ex-
ceeds 8 percent, a high unemployment period shall exist.
(b) Effective with respect to weeks beginning in a high unem-
ployment period, the total extended benefit amount payable to an eli-
gible individual for the individual's eligibility period is 80 percent of
the total amount of regular benefits that were payable to the individual
under the Act in the individual's benefit year.
(c) This section applies as long as 815.170 of this subchapter
is in effect.
815.172. Concurrent Emergency Unemployment Compensation
Programs.PROPOSED RULES August 14, 2009
34 TexReg 5491
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/46/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.