By Moffat H.B. No. 2275
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Unemployment Compensation Act; defining
1-3 temporary help firm and temporary employee.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Texas Unemployment Compensation Act (Article
1-6 5221b-1 et seq. Vernon's Texas Civil Statutes) is amended by adding
1-7 the following to Article 5221b-3(a):
1-8 DISQUALIFICATION FOR BENEFITS
1-9 An individual shall be disqualified for benefits:
1-10 (a) If the Commission finds that he has left his last work
1-11 voluntarily without good cause connected with his work. The
1-12 disqualification continues until the claimant has returned to
1-13 employment and either worked for six weeks or earned wages equal to
1-14 six times his weekly benefit amount, unless the individual left
1-15 work to move with a spouse from the area in which the individual
1-16 worked. In that case, the disqualification shall be for not less
1-17 than six (6) nor more than twenty-five (25) benefit periods
1-18 following the filing of a valid claim, as determined by the
1-19 Commission according to the circumstances in each case. Provided
1-20 no claimant shall be disqualified because of his or her leaving due
1-21 to medically verified illness of the claimant or the claimant's
1-22 minor child, injury, disability, or pregnancy and is still
1-23 available for work. A medically verified illness of a minor child
2-1 only prevents disqualification under this subsection if there is no
2-2 reasonable alternative care available to the child and the employer
2-3 refused to allow the employee a reasonable amount of time off
2-4 during the illness. Military personnel who do not reenlist may not
2-5 be considered to have left work voluntarily without good cause
2-6 connected with work. An individual who is partially unemployed and
2-7 who resigns that employment to accept other employment that the
2-8 individual reasonably believes will increase the individual's
2-9 weekly wage is not qualified under this subsection. A temporary
2-10 employee of a temporary help firm will be deemed to have left his
2-11 last work voluntarily without good cause connected with his work if
2-12 the temporary employee does not contact the temporary help firm for
2-13 reassignment upon completion of an assignment. A temporary
2-14 employee will not be deemed to have left his work voluntarily
2-15 without good cause connected with his work unless the temporary
2-16 employee has been advised of the obligation to contact the
2-17 temporary help firm upon completion of assignments and that
2-18 unemployment benefits may be denied for failure to do so.
2-19 SECTION 2. The Texas Unemployment Compensation Act (Article
2-20 5221b-17, Vernon's Texas Civil Statutes) is amended by adding the
2-21 following sections:
2-22 DEFINITIONS
2-23 As used in this Act, unless the context clearly requires
2-24 otherwise:
2-25 (1) "Temporary help firm" means a firm or business that
3-1 employs individuals for the purpose of assigning them to the
3-2 temporary help firm's clients to support or supplement the client's
3-3 work force in work situations such as employee absences, temporary
3-4 skill shortages, seasonal work loads, and special assignments and
3-5 projects. For the purposes of this Act, the temporary help firm is
3-6 deemed to be the employer of the temporary employee.
3-7 (2) "Temporary employee" means an individual employed by a
3-8 temporary help firm for the purpose of being assigned to work for
3-9 the clients of a temporary help firm.
3-10 SECTION 3. This Act takes effect September 1, 1993.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.