Texas Labor Code Title 4, Chapter 207 - Benefits

SUBCHAPTER A PAYMENT OF BENEFITS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER B BENEFIT ELIGIBILITY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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....

SUBCHAPTER C EXCEPTIONS TO AND DISQUALIFICATION FOR BENEFITS

• Texas Section 207.026 - Drug Screening Or Testing As Condition Of Benefit Eligibility For Certain Applicants And Recipients
  (a) The commission by rule shall adopt a drug screening and testing program as part of the requirements for the receipt of benefits under this...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 207.049 - Receipt Of Remuneration
  (a) An individual is disqualified for benefits for a benefit period for which the individual is receiving or has received remuneration in the form of:...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D PROTECTION OF BENEFIT RIGHTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER E CHILD SUPPORT OBLIGATIONS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F TAX WITHHOLDING

• Texas Section 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...

SUBCHAPTER G WITHHOLDING FROM UNEMPLOYMENT BENEFITS FOR UNCOLLECTED OVERISSUANCES OF FOOD STAMPS

• Texas Section 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...
• Texas Section 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"...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016