CHAPTER 208. BENEFIT CLAIMS

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 208. BENEFIT CLAIMS

SUBCHAPTER A. FILING OF CLAIM

Sec. 208.001. FILING; INFORMATION NOTICES. (a) Claims for

benefits shall be made in accordance with rules adopted by the

commission. An unemployed individual who does not have a current

benefit year may file an initial claim in accordance with

commission rules.

(b) The commission shall supply, without cost to each employer,

printed notices that provide general information about filing a

claim for unemployment benefits. Each employer shall post and

maintain the notices in places accessible to the individuals in

the employ of the employer.

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

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.34, eff. Sept. 1,

1995.

Sec. 208.002. NOTICE OF INITIAL CLAIM. (a) The commission

shall mail a notice of the filing of an initial claim to the

person for whom the claimant last worked before the effective

date of the initial claim. If the person for whom the claimant

last worked has more than one branch or division operating at

different locations, the commission shall mail the notice to the

branch or division at which the claimant last worked.

(b) Mailing of a notice under this section to the correct

address of the person, branch, or division for which the claimant

last worked constitutes notice of the claim to the person.

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

Sec. 208.003. NOTICE TO EMPLOYER. (a) An employer may

designate in writing to the commission an address for mail

service.

(b) If an employer designates a mailing address under Subsection

(a), mailing of notice of claims, determinations, or other

decisions to that address constitutes notice to the employer.

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

Amended by Acts 1997, 75th Leg., ch. 94, Sec. 3, eff. Sept. 1,

1997.

Sec. 208.004. NOTIFICATION OF ADVERSE FACTS AFFECTING CLAIM;

WAIVER. (a) A person to whom notice is mailed under Section

208.002 shall notify the commission promptly of any facts known

to the person that may:

(1) adversely affect the claimant's right to benefits; or

(2) affect a charge to the person's account.

(b) A person who does not mail or otherwise deliver that

notification to the commission within 14 days after the date

notice of a claim was mailed to the person by the commission

waives all rights in connection with the claim, including rights

the person may have under Subchapter B, Chapter 204, other than

rights relating to a clerical or machine error as to the amount

of the person's chargeback or maximum potential chargeback in

connection with the claim for benefits.

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

Amended by Acts 1997, 75th Leg., ch. 94, Sec. 4, eff. Sept. 1,

1997.

SUBCHAPTER B. CLAIM DETERMINATION

Sec. 208.021. INITIAL CLAIM DETERMINATION. (a) The commission

shall determine whether an initial claim is valid.

(b) For each valid initial claim, the commission shall

determine:

(1) the claimant's benefit year;

(2) the benefit amount for total unemployment; and

(3) the duration of benefits.

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

Sec. 208.022. NOTICE OF INITIAL CLAIM DETERMINATION. The

commission shall mail a notice of the determination of an initial

claim to the claimant's last known address as shown by the

commission's records.

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

Sec. 208.023. REQUEST FOR REDETERMINATION OR APPEAL BY CLAIMANT.

A claimant, within 14 days after the date the commission mailed

notice of the commission's determination to the claimant under

Section 208.022, may request a redetermination of or may appeal

the commission's determination of the validity of an initial

claim in the manner provided by Chapter 212.

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

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.35, eff. Sept. 1,

1995.