85R13106 SMT-D     By: Neave H.B. No. 3890       A BILL TO BE ENTITLED   AN ACT   relating to a self-employment assistance program for unemployed   individuals.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 207.021(a), Labor Code, is amended to   read as follows:          (a)  Except as provided by Chapters [Chapter] 215 and 216, 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)  is actively seeking work in accordance with rules   adopted by the commission;                (6)  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;                (7)  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;                (8)  has been totally or partially unemployed for a   waiting period of at least seven consecutive days; and                (9)  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.          SECTION 2.  Subtitle A, Title 4, Labor Code, is amended by   adding Chapter 216 to read as follows:   CHAPTER 216. SELF-EMPLOYMENT ASSISTANCE PROGRAM          Sec. 216.001.  DEFINITIONS. In this chapter:                (1)  "Self-employment activity" means a   commission-approved activity that furthers an individual's goal to   start a business.                (2)  "Self-employment assistance allowance" means an   unemployment compensation benefit payable to an individual engaged   in a self-employment activity.          Sec. 216.002.  SELF-EMPLOYMENT ASSISTANCE PROGRAM. (a) The   commission shall establish and administer a self-employment   assistance program to provide financial assistance to an eligible   individual seeking to start a business.          (b)  Subject to the requirements of this chapter, an   individual participating in the self-employment assistance program   may receive a self-employment assistance allowance in lieu of and   in an amount equal to the individual's benefit amount.          (c)  Any self-employment assistance allowance payments made   to an individual under this chapter are included for purposes of   determining whether the individual has received the maximum amount   of benefits for which the individual is eligible as provided by   Section 207.005.          Sec. 216.003.  COMMISSION DUTIES. (a)  The commission by   rule shall establish eligibility criteria for an individual   participating in the self-employment assistance program.          (b)  The commission shall establish weekly self-employment   activity requirements for an individual to qualify to receive a   self-employment assistance allowance.          (c)  The commission shall adopt rules as necessary to comply   with any federal requirement applicable to a self-employment   assistance program.           Sec. 216.004.  ELIGIBILITY. (a)  An individual is eligible   to participate in the self-employment assistance program if the   individual:                (1)  is likely to exhaust the individual's regular   benefits; and                (2)  meets any eligibility criteria established by the   commission.          (b)  An individual is eligible to receive a self-employment   assistance allowance for a week in which the individual is engaged   in a self-employment activity and meets all the eligibility   requirements under Chapter 207 to receive benefits other than the   requirements of Sections 207.021(a)(4) and (5).          Sec. 216.005.  LIMITATION ON PARTICIPATION. At any time,   the aggregate number of individuals receiving self-employment   assistance allowances may not exceed five percent of the number of   individuals receiving regular benefits under this subtitle.          SECTION 3.  Not later than June 30, 2018, the Texas Workforce   Commission shall adopt the rules required by Chapter 216, Labor   Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2017.