73R8406 JMM-F
By Moffat H.B. No. 2275
Substitute the following for H.B. No. 2275:
By Moffat C.S.H.B. No. 2275
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility for benefits under the Texas
1-3 Unemployment Compensation Act for certain employees of temporary
1-4 help firms.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5, Texas Unemployment Compensation Act
1-7 (Article 5221b-3, Vernon's Texas Civil Statutes), is amended to
1-8 read as follows:
1-9 Sec. 5. Disqualification for benefits. An individual shall
1-10 be disqualified for benefits:
1-11 (a) If the Commission finds that he has left his last
1-12 work voluntarily without good cause connected with his work. The
1-13 disqualification continues until the claimant has returned to
1-14 employment and either worked for six weeks or earned wages equal to
1-15 six times his weekly benefit amount, unless the individual left
1-16 work to move with a spouse from the area in which the individual
1-17 worked. In that case, the disqualification shall be for not less
1-18 than six (6) nor more than twenty-five (25) benefit periods
1-19 following the filing of a valid claim, as determined by the
1-20 Commission according to the circumstances in each case. Provided
1-21 no claimant shall be disqualified because of his or her leaving due
1-22 to medically verified illness of the claimant or the claimant's
1-23 minor child, injury, disability, or pregnancy and is still
2-1 available for work. A medically verified illness of a minor child
2-2 only prevents disqualification under this subsection if there is no
2-3 reasonable alternative care available to the child and the employer
2-4 refused to allow the employee a reasonable amount of time off
2-5 during the illness. Military personnel who do not reenlist may not
2-6 be considered to have left work voluntarily without good cause
2-7 connected with work. An individual who is partially unemployed and
2-8 who resigns that employment to accept other employment that the
2-9 individual reasonably believes will increase the individual's
2-10 weekly wage is not disqualified under this subsection. A temporary
2-11 employee of a temporary help firm is considered to have left the
2-12 employee's last work voluntarily without good cause connected with
2-13 the employee's work if the temporary employee does not contact the
2-14 temporary help firm for reassignment on completion of an
2-15 assignment. A temporary employee is not considered to have left
2-16 the employee's last work voluntarily without good cause connected
2-17 with the employee's work unless the temporary employee has been
2-18 advised of the obligation to contact the temporary help firm on
2-19 completion of the employee's assignment and advised that
2-20 unemployment benefits may be denied for failure to contact the
2-21 temporary help firm.
2-22 (b) If the Commission finds he has been discharged for
2-23 misconduct connected with his last work. The disqualification
2-24 continues until the claimant has returned to employment and either
2-25 worked for six weeks or earned wages equal to six times his weekly
3-1 benefit amount.
3-2 (c) If the Commission finds that during his current
3-3 benefit year he has failed, without good cause, either to apply for
3-4 available, suitable work when so directed by the Commission or to
3-5 accept suitable work when offered him, or to return to his
3-6 customary self-employment (if any) when so directed by the
3-7 Commission. The disqualification continues until the claimant has
3-8 returned to employment and either worked for six weeks or earned
3-9 wages equal to six times his weekly benefit amount.
3-10 (1) In determining whether or not any work is
3-11 suitable for an individual, the Commission shall consider the
3-12 degree of risk involved to his health, safety and morals at the
3-13 place of performance of his work, his physical fitness and prior
3-14 training, his experience and prior earnings, his length of
3-15 unemployment and prospects for securing local work in his customary
3-16 occupation, and the distance of the available work from his
3-17 residence.
3-18 (2) Notwithstanding any other provisions of this
3-19 Act, no work shall be deemed suitable and benefits shall not be
3-20 denied under this Act to any otherwise eligible individual for
3-21 refusing to accept new work under any of the following conditions:
3-22 (a) If the position offered is vacant due directly to a strike,
3-23 lockout, or other labor dispute; (b) If the wages, hours, or other
3-24 conditions of the work offered are substantially less favorable to
3-25 the individual than those prevailing for similar work in the
4-1 locality; (c) If as a condition of being employed the individual
4-2 would be required to join a company union or to resign from or
4-3 refrain from joining any bona fide labor organization.
4-4 (d) For any benefit period with respect to which the
4-5 Commission finds that his total or partial unemployment is (i) due
4-6 to the claimant's stoppage of work because of a labor dispute at
4-7 the factory, establishment, or other premises (including a vessel)
4-8 at which he is or was last employed, or (ii) because of a labor
4-9 dispute at another place, either within or without this State,
4-10 which is owned or operated by the same employing unit which owns or
4-11 operates the premises at which he is or was last employed, and
4-12 supplies materials or services necessary to the continued and usual
4-13 operation of the premises at which he is or was last employed;
4-14 provided that this subsection shall not apply if it is shown to the
4-15 satisfaction of the Commission that:
4-16 (1) He is not participating in or financing or
4-17 directly interested in the labor dispute; provided, however, that
4-18 failure or refusal to cross a picket line or refusal for any reason
4-19 during the continuance of such labor dispute to accept and perform
4-20 his available and customary work at the factory, establishment, or
4-21 other premises (including a vessel) where he is or was last
4-22 employed shall be considered as participation and interest in the
4-23 labor dispute; and
4-24 (2) He does not belong to a grade or class of
4-25 workers of which, immediately before the commencement of the labor
5-1 dispute, there were members employed at the premises (including a
5-2 vessel) at which the labor dispute occurs, any of whom are
5-3 participating in or financing or directly interested in the
5-4 dispute; provided, that if in any case separate branches of work
5-5 which are commonly conducted as separate businesses in separate
5-6 premises are conducted in separate departments of the same
5-7 premises, each such department shall, for the purposes of this
5-8 subsection, be deemed to be a separate factory, establishment, or
5-9 other premises; and where a disqualification arises from the
5-10 employee's failure to meet the requirements of this paragraph (2)
5-11 of this subsection (d) his disqualification shall cease if he shall
5-12 show that he is not, and at the time of the labor dispute was not,
5-13 a member of a labor organization which is the same as, represented
5-14 by, or directly affiliated with, or that he, or such organization
5-15 of which he is a member, if any, is not acting in concert or in
5-16 sympathy with a labor organization involved in the labor dispute at
5-17 the premises at which the labor dispute occurred, and he has made
5-18 an unconditional offer to return to work at the premises at which
5-19 he is or was last employed.
5-20 (e) For any benefit period with respect to which he is
5-21 receiving or has received remuneration in the form of:
5-22 (1) Wages in lieu of notice;
5-23 (2) Compensation for temporary partial
5-24 disability, temporary total disability or total and permanent
5-25 disability under the Workmen's Compensation Law of any State or
6-1 under a similar law of the United States;
6-2 (3) Old Age Benefits under Title II of the
6-3 Social Security Act as amended, or similar payments under any Act
6-4 of Congress, or a State Legislature; provided, that if such
6-5 remuneration is less than the benefits which would otherwise be due
6-6 under this Act, he shall be entitled to receive for such benefit
6-7 period, if otherwise eligible, benefits reduced by the amount of
6-8 such remuneration. If any such benefits, payable under this
6-9 subsection, after being reduced by the amount of such remuneration,
6-10 are not an even multiple of One Dollar ($1), they shall be adjusted
6-11 to the next higher multiple of One Dollar ($1).
6-12 (f) For a benefit period occurring from the date of
6-13 the sale of a business until the date that an individual is
6-14 employed and is eligible for benefits based on the wage credits
6-15 received through the new employment, if:
6-16 (1) the business is a corporation and the
6-17 individual is:
6-18 (A) an officer of the corporation;
6-19 (B) a majority or controlling shareholder
6-20 in the corporation; and
6-21 (C) involved in the sale of the
6-22 corporation;
6-23 (2) the business is a limited or general
6-24 partnership and the individual is a limited or general partner who
6-25 is involved in the sale of the partnership; or
7-1 (3) the business is a sole proprietorship and
7-2 the individual is the proprietor who sells the business.
7-3 (g) For the duration of any period of unemployment
7-4 with respect to which the Commission finds that such individual has
7-5 left his most recent work for the purpose of attending an
7-6 established educational institution; provided, that this subsection
7-7 shall not apply during a period in which an individual is in
7-8 training with the approval of the Commission.
7-9 (h) For weeks of unemployment beginning after March
7-10 31, 1980, for any benefit period with respect to which the
7-11 individual is receiving a governmental or other pension, retirement
7-12 or retired pay, annuity, or any other similar periodic payment
7-13 which is based on the previous work of the individual and which is
7-14 reasonably attributable to that benefit period; provided that if
7-15 the remuneration is less than the benefits which would otherwise be
7-16 due under this Act, the individual shall be entitled to receive for
7-17 that benefit period, if otherwise eligible, benefits reduced by the
7-18 amount of the remuneration. If those benefits payable under this
7-19 subsection, after being reduced by the amount of the remuneration,
7-20 are not an even multiple of One Dollar ($1), they shall be adjusted
7-21 to the next higher multiple of One Dollar ($1).
7-22 The Legislature declares that the preceding paragraph
7-23 is enacted because Section 3304(a)(15) of the Federal Unemployment
7-24 Tax Act as provided in Public Law 94-566 requires this provision in
7-25 State law as of January 1, 1978, as a condition for full tax credit
8-1 against the tax imposed by the Federal Unemployment Tax Act; and it
8-2 further declares that if Section 3304(a)(15) is amended to provide
8-3 modifications of these requirements, the modified requirements, to
8-4 the extent that they are required for full tax credit, shall be
8-5 considered applicable under the provisions of this Section rather
8-6 than the provision stated in the preceding paragraph.
8-7 (i) This Section does not disqualify a claimant whose
8-8 work-related reason for separation from employment was urgent,
8-9 compelling, and of a necessitous nature so as to make separation
8-10 involuntary.
8-11 (j) If the Commission finds that he has left his last
8-12 work voluntarily rather than provide services included within the
8-13 course and scope of his employment to an individual infected with a
8-14 communicable disease. The disqualification continues until the
8-15 claimant has returned to employment and either worked for six weeks
8-16 or earned wages equal to six times the claimant's weekly benefit
8-17 amount. A claimant is not disqualified under this subsection
8-18 unless the individual or organization for whom the claimant last
8-19 worked made available to the claimant the facilities, equipment,
8-20 training, and supplies necessary to permit the claimant to take
8-21 reasonable precautions to preclude the infection of the claimant
8-22 with the communicable disease.
8-23 (k) If the Commission finds that he has been
8-24 discharged from his last work based on a refusal by him to provide
8-25 services included within the course and scope of his employment to
9-1 an individual infected with a communicable disease. The
9-2 disqualification continues until the claimant has returned to
9-3 employment and either worked for six weeks or earned wages equal to
9-4 six times the claimant's weekly benefit amount. A claimant is not
9-5 disqualified under this subsection unless the individual or
9-6 organization for whom the claimant last worked made available to
9-7 the claimant the facilities, equipment, training, and supplies
9-8 necessary to preclude the infection of the claimant with the
9-9 communicable disease.
9-10 SECTION 2. Section 19, Texas Unemployment Compensation Act
9-11 (Article 5221b-17, Vernon's Texas Civil Statutes), is amended by
9-12 adding Subsections (r) and (s) to read as follows:
9-13 (r) "Temporary employee" means an individual employed by a
9-14 temporary help firm for the purpose of being assigned to work for a
9-15 client of a temporary help firm.
9-16 (s) "Temporary help firm" means a firm or business that
9-17 employs an individual for the purpose of assigning the individual
9-18 to a client of the temporary help firm to support or supplement the
9-19 client's work force in specific work situations, including employee
9-20 absences, temporary skill shortages, seasonal work loads, and
9-21 special assignments or projects.
9-22 SECTION 3. This Act takes effect September 1, 1993, and
9-23 applies only to benefit eligibility based on a claim for
9-24 unemployment compensation benefits that is filed with the Texas
9-25 Employment Commission on or after that date. A claim filed before
10-1 that date is governed by the law in effect on the date the claim
10-2 was filed, and the former law is continued in effect for that
10-3 purpose.
10-4 SECTION 4. The importance of this legislation and the
10-5 crowded condition of the calendars in both houses create an
10-6 emergency and an imperative public necessity that the
10-7 constitutional rule requiring bills to be read on three several
10-8 days in each house be suspended, and this rule is hereby suspended.