(a) Pursuant to §209.025 of the Act, if full federal funding for Extended Benefits is available, a week is a state "on" indicator week if:
  (1) the average rate of total unemployment in Texas (seasonally adjusted), as determined by the US Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6.5 percent; and
  (2) the average rate of total unemployment in Texas (seasonally adjusted), as determined by the US Secretary of Labor, for the three-month period referred to in paragraph (1) of this subsection, equals or exceeds 110 percent of such average rate for either, or both, of the corresponding three-month periods ending in the two preceding calendar years.
(b) There is a state "off" indicator for a week if either the requirements of subsection (a)(1) or (a)(2) of this section are not satisfied.
(c) Notwithstanding this section, any week for which there would otherwise be a state "on" indicator under §209.022 of the Act, shall continue to be such a week and shall not be determined to be a week for which there is a state "off" indicator.

Source Note: The provisions of this §815.170 adopted to be effective November 2, 2009, 34 TexReg 7655; amended to be effective May 2, 2011, 36 TexReg 2735; amended to be effective October 12, 2020, 45 TexReg 7273