Relating to participation in reemployment services as a condition of eligibility for unemployment benefits.
LowStandard timeline
Low Cost
Effective:2025-05-29
Enforcing Agencies
Texas Workforce Commission
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025 (Applicable to claims filed on or after this date).
Compliance Deadline: September 1, 2025 (Internal audit protocols must be updated).
Agency Rulemaking: The TWC must update its "profiling system" and define "reasonable cause" for non-participation. Monitor the Texas Register through Q3 2025 for proposed rules defining valid exemptions.
Immediate Action Plan
Notify UI Vendors: Immediately instruct third-party UI administrators (e.g., Equifax, Thomas & Company) to flag the September 1, 2025 cutoff for new claim audits.
Update Separation Checklists: Require HR to document all reemployment assistance offered at the time of termination to support future TWC determinations.
Monitor Rulemaking: Assign legal counsel to track TWC proposed rules regarding "reasonable cause" definitions to prepare for potential disputes.
Operational Changes Required
Contracts
Severance Agreements: Review standard separation agreements. Ensure clauses regarding "cooperation with unemployment claims" or "non-contestation" do not conflict with TWC mandates. You cannot contractually waive the TWC’s authority to disqualify a claimant for failure to participate in state-mandated training.
Hiring/Training
HR & Payroll Training: Staff managing UI claims must be trained to flag claims extending beyond reasonable durations for audit.
Protest Protocols: Update protest workflows to specifically inquire if a claimant is compliant with Section 207.021(a)(9)(B) reemployment service mandates during any dispute.
Reporting & Record-Keeping
Separation Responses: When responding to the initial Notice of Claim, document and report any outplacement services or severance packages provided. This assists TWC in determining the claimant's "need" for services.
Refusal of Work: Maintain precise records if a former employee refuses a recall due to "training." Only TWC-mandated services constitute a valid excuse; voluntary training does not.
Fees & Costs
No Direct Fee Increases: There are no new administrative fees.
Cost Mitigation: This is a cost-control measure. Successful enforcement will lower experience ratings and reduce tax liability for tax-rated employers and direct payouts for reimbursing employers.
Strategic Ambiguities & Considerations
The statute relies on terms that TWC rulemaking must clarify. Watch for the following definitions in upcoming regulations:
"Reasonable Cause": The TWC must define what constitutes a valid excuse for skipping services. A broad definition will nullify the cost-saving intent of the bill.
"Reemployment Services": The scope is currently vague. It is unclear if online modules, third-party staffing registration, or only in-person TWC seminars satisfy this requirement.
"Furtherance of Goals": TWC may mandate services to "demonstrate effectiveness." Ensure this does not result in claimants being forced into ineffective pilot programs that delay workforce reentry.
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The bill author has informed the committee that the Texas Workforce Commission (TWC) has identified an opportunity to expand reemployment services under the federal Reemployment Services and Eligibility Assessment (RESEA) program, which allows states to provide reemployment assistance to individuals receiving unemployment insurance benefits. Under current law, with some exceptions, claimants participate in reemployment services only if they are profiled as likely to exhaust their unemployment benefits before becoming reemployed. The aim of RESEA is to reduce the length a profiled claimant is on unemployment benefits by expediting reemployment outcomes with support and services. The bill author has also informed the committee that, owing to the rapid growth of RESEA, Texas has the capacity to provide services to more unemployment insurance claimants and help more people find reemployment. C.S.H.B. 3698 seeks to expand participation in reemployment services by revising the conditions under which such participation is required for unemployment benefit eligibility.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 3698 amends the Labor Code to include as a circumstance under which participation in reemployment services, such as a job search assistance service, is required as an eligibility condition for an unemployed individual to receive unemployment benefits a determination by the Texas Workforce Commission (TWC), regardless of the results of that individual's assessment by TWC to determine if an individual is likely to exhaust eligibility for regular benefits and to need those services to obtain new employment, that the individual's participation is in furtherance of the following goals, unless there is reasonable cause as determined by TWC for the individual's failure to participate in those reemployment services:
·reducing the duration of unemployment compensation through improved employment outcomes;
·strengthening the integrity of the unemployment compensation program;
·promoting alignment with the vision of the federal Workforce Innovation and Opportunity Act;
·establishing TWC's reemployment services and eligibility assessment program as an entry point to other workforce system partner programs; and
·demonstrating the effectiveness of reemployment services.
Additionally, the bill revises the exception to the provision requiring participation in reemployment services as a condition of that benefits eligibility for an unemployed individual who has been determined to be likely to exhaust eligibility for regular benefits and to need those services to obtain new employment if the individual has completed participation in reemployment services by specifying that the completion is determined by TWC.
C.S.H.B. 3698 applies only to a claim for unemployment compensation benefits filed with TWC on or after the bill's effective. A claim filed before the bill's effective date is governed by the law in effect on the date the claim was filed, and the former law is continued in effect for that purpose.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 3698 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute does the following with respect to the circumstance under which participation in reemployment services is required as an eligibility condition for an unemployed individual to receive unemployment benefits:
·omits the introduced version's specifications that TWC determines that the individual's participation is in furtherance of the goals stated under federal Social Security Act provisions relating to grants to states for reemployment services and eligibility assessments and that the reemployment services meet the standards for evidence-based interventions described by those federal provisions;
·includes instead a specification that TWC determines that such participation is in furtherance of certain goals relating to unemployment compensation, the federal Workforce Innovation and Opportunity Act, TWC's reemployment services and eligibility assessment program, and reemployment services; and
·includes a clarification absent from the introduced that TWC's determination is regardless of the results of that individual's assessment conducted under a profiling system established by TWC.
HB3698 mandates that unemployment claimants participate in reemployment services (training, job search assistance) as a strict condition of eligibility, granting the Texas Workforce Commission (TWC) authority to disqualify those who refuse without reasonable cause. This legislation provides employers a statutory mechanism to reduce Unemployment Insurance (UI) chargeback exposure by potentially shortening claim durations, applicable to all claims filed on or after September 1, 2025. Implementation Timeline Effective Date: September 1, 2025 (Applicable to claims filed on or after this date).
Q
Who authored HB3698?
HB3698 was authored by Texas Representative Hubert Vo during the Regular Session.
Q
When was HB3698 signed into law?
HB3698 was signed into law by Governor Greg Abbott on May 29, 2025.
Q
Which agencies enforce HB3698?
HB3698 is enforced by Texas Workforce Commission.
Q
How urgent is compliance with HB3698?
The compliance urgency for HB3698 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3698?
The cost impact of HB3698 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3698 address?
HB3698 addresses topics including labor, labor--unemployment and workforce commission, texas.
Legislative data provided by LegiScanLast updated: November 25, 2025
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