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A BILL TO BE ENTITLED
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AN ACT
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relating to unemployment compensation eligibility and chargebacks |
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regarding certain persons separated from employment due to being |
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called to military service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 204.022(a), Labor Code, is amended to |
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read as follows: |
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(a) Benefits computed on benefit wage credits of an employee |
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or former employee may not be charged to the account of an employer |
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if the employee's last separation from the employer's employment |
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before the employee's benefit year: |
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(1) was required by a federal statute; |
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(2) was required by a statute of this state or an |
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ordinance of a municipality of this state; |
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(3) would have disqualified the employee under Section |
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207.044, 207.045, 207.051, or 207.053 if the employment had been |
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the employee's last work; |
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(4) imposes a disqualification under Section 207.044, |
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207.045, 207.051, or 207.053; |
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(5) was caused by a medically verifiable illness of |
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the employee or the employee's minor child; |
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(6) was based on a natural disaster that results in a |
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disaster declaration by the president of the United States under |
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the Robert T. Stafford Disaster Relief and Emergency Assistance Act |
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(42 U.S.C. Section 5121 et seq.), if the employee would have been |
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entitled to unemployment assistance benefits under Section 410 of |
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that act (42 U.S.C. Section 5177) had the employee not received |
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state unemployment compensation benefits; |
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(7) was caused by a natural disaster, fire, flood, or |
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explosion that causes employees to be separated from one employer's |
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employment; |
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(8) was based on a disaster that results in a disaster |
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declaration by the governor under Section 418.014, Government Code; |
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(9) resulted from the employee's resigning from |
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partial employment to accept other employment that the employee |
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reasonably believed would increase the employee's weekly wage; |
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(10) was caused by the employer being called to active |
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military service in any branch of the United States armed forces on |
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or after January 1, 2003; |
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(11) resulted from the employee leaving the employee's |
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workplace to protect the employee from family violence or stalking |
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or the employee or a member of the employee's immediate family from |
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violence related to a sexual assault as evidenced by: |
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(A) an active or recently issued protective order |
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documenting sexual assault of the employee or a member of the |
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employee's immediate family or family violence against, or the |
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stalking of, the employee or the potential for family violence |
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against, or the stalking of, the employee; |
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(B) a police record documenting sexual assault of |
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the employee or a member of the employee's immediate family or |
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family violence against, or the stalking of, the employee; |
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(C) a physician's statement or other medical |
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documentation that describes the sexual assault of the employee or |
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a member of the employee's immediate family or family violence |
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against the employee that: |
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(i) is recorded in any form or medium that |
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identifies the employee or member of the employee's immediate |
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family, as applicable, as the patient; and |
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(ii) relates to the history, diagnosis, |
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treatment, or prognosis of the patient; or |
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(D) written documentation from a family violence |
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center or rape crisis center that describes the sexual assault of |
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the employee or a member of the employee's immediate family or |
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family violence against the employee; |
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(12) resulted from a move from the area of the |
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employee's employment that: |
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(A) was made with the employee's spouse who is a |
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member of the armed forces of the United States; and |
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(B) resulted from the spouse's permanent change |
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of station of longer than 120 days or a tour of duty of longer than |
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one year; |
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(13) was caused by the employee being unable to |
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perform the work as a result of a disability for which the employee |
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is receiving disability insurance benefits under 42 U.S.C. Section |
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423; |
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(14) resulted from the employee leaving the employee's |
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workplace to care for the employee's terminally ill spouse as |
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evidenced by a physician's statement or other medical |
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documentation, but only if no reasonable, alternative care was |
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available; |
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(15) was caused by the employer's reinstatement of a |
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qualified uniformed service member with reemployment rights and |
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benefits and other employment benefits in accordance with the |
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Uniformed Services Employment and Reemployment Rights Act of 1994 |
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(38 U.S.C. Section 4301 et seq.); [or] |
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(16) was caused by the employee being called to |
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provide service in the uniformed services, as defined by 38 U.S.C. |
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Section 4303, or in the Texas military forces, as defined by Section |
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437.001, Government Code, unless the employer has been found to be |
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in violation of reemployment provisions of the Uniformed Services |
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Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section |
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4301 et seq.) or Section 437.204, Government Code, with respect to |
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the employee; or |
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(17) was due to a reason that: |
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(A) constitutes an involuntary separation under |
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Section 207.046(a)(1); and |
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(B) does not constitute good cause connected with |
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the employee's work under Section 207.045 for the employee to |
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voluntarily leave the employment. |
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SECTION 2. Section 207.046(a), Labor Code, is amended to |
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read as follows: |
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(a) An individual is not disqualified for benefits under |
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this subchapter if: |
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(1) the work-related reason for the individual's |
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separation from employment was urgent, compelling, and necessary so |
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as to make the separation involuntary; |
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(2) the individual leaves the workplace to protect the |
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individual from family violence or stalking or the individual or a |
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member of the individual's immediate family from violence related |
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to a sexual assault as evidenced by: |
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(A) an active or recently issued protective order |
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documenting sexual assault of the individual or a member of the |
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individual's immediate family or family violence against, or the |
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stalking of, the individual or the potential for family violence |
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against, or the stalking of, the individual; |
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(B) a police record documenting sexual assault of |
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the individual or a member of the individual's immediate family or |
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family violence against, or the stalking of, the individual; |
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(C) a physician's statement or other medical |
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documentation that describes the sexual assault of the individual |
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or a member of the individual's immediate family or family violence |
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against the individual that: |
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(i) is recorded in any form or medium that |
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identifies the individual or member of the individual's immediate |
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family, as applicable, as the patient; and |
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(ii) relates to the history, diagnosis, |
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treatment, or prognosis of the patient; or |
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(D) written documentation from a family violence |
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center or rape crisis center that describes the sexual assault of |
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the individual or a member of the individual's immediate family or |
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family violence against the individual; [or] |
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(3) the individual leaves the workplace to care for |
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the individual's terminally ill spouse as evidenced by a |
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physician's statement or other medical documentation, but only if |
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no reasonable, alternative care was available; or |
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(4) the individual's separation from employment was |
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caused by the individual being called to provide: |
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(A) service in the uniformed services, as defined |
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by 38 U.S.C. Section 4303; or |
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(B) service in the Texas military forces, as |
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defined by Section 437.001, Government Code. |
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SECTION 3. The changes in law made by this Act do not affect |
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any reemployment rights and benefits or other employment benefits |
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to which an employee may be entitled in accordance with the |
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Uniformed Services Employment and Reemployment Rights Act of 1994 |
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(38 U.S.C. Section 4301 et seq.). |
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SECTION 4. The changes in law made by this Act apply only to |
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eligibility for unemployment compensation benefits based on an |
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unemployment compensation claim that is filed with the Texas |
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Workforce Commission on or after the effective date of this Act. A |
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claim filed before the effective date of this Act is governed by the |
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law in effect on the date the claim was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |
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