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Texas Labor Code - Section 207.002. Benefits For Total Unemployment

Legal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Section 207.002. Benefits For Total Unemployment

§ 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.  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.
	(c)  The commission shall determine the average weekly wage 
in 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, § 1, eff. Sept. 1, 1993.  Amended 
by Acts 2001, 77th Leg., ch. 803, § 1, eff. Sept. 1, 2001;  Acts 
2005, 79th Leg., ch. 1104, § 1, eff. Sept. 1, 2005.

Last modified: August 10, 2007