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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for unemployment benefits of |
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individuals who are unemployed due to certain labor disputes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 207.048, Labor Code, is amended by |
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amending Subsections (a), (b), and (f) and adding Subsection (g) to |
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read as follows: |
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(a) An individual is disqualified for benefits for a benefit |
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period in which the individual's total or partial unemployment is |
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caused by[: |
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[(1)] the individual's stoppage of work because of a |
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labor dispute at the factory, establishment, or other premises |
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where the individual is or was last employed[; or |
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[(2) a labor dispute at another place that: |
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[(A) is owned or operated by the same employing |
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unit that owns or operates the premises where the individual is or |
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was last employed; and |
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[(B) supplies material or services necessary to |
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the continued and usual operation of the premises where the |
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individual is or was last employed]. |
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(b) Disqualification for benefits under this section does |
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not apply to an individual who shows to the satisfaction of the |
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commission that the individual: |
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(1) is not participating in, financing, or directly |
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interested in the labor dispute; [and] |
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(2) does not belong to a grade or class of workers any |
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members of which were employed at the premises of the labor dispute |
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immediately before the beginning of the labor dispute and any of |
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whom are participating in, financing, or directly interested in the |
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dispute; |
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(3) has been locked out of the individual's place of |
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employment; or |
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(4) has been placed on emergency leave without pay by |
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the individual's employer. |
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(f) For the purposes of this section: |
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(1) "Locked out" means the denial of entry by an |
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employer to the place of employment of employees of that employer |
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who have not: |
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(A) gone on strike; or |
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(B) notified the employer of a date on which the |
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employees intend to go on strike. |
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(2) "Premises" [, "premises"] includes a vessel. |
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(g) For the purposes of Subsection (b), the payment of |
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regular union dues by an individual does not constitute financing a |
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labor dispute. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |