By Campbell                                           H.B. No. 2534
          Substitute the following for H.B. No. 2534:
          By Yarbrough                                      C.S.H.B. No. 2534
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the repeal of the disqualification for unemployment
    1-3  compensation benefits based on the receipt of certain social
    1-4  security benefits.
    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.  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
   1-24  only prevents disqualification under this subsection if there is no
    2-1  reasonable alternative care available to the child and the employer
    2-2  refused to allow the employee a reasonable amount of time off
    2-3  during the illness.  Military personnel who do not reenlist may not
    2-4  be considered to have left work voluntarily without good cause
    2-5  connected with work.  An individual who is partially unemployed and
    2-6  who resigns that employment to accept other employment that the
    2-7  individual reasonably believes will increase the individual's
    2-8  weekly wage is not disqualified under this subsection.
    2-9        (b)  If the Commission finds he has been discharged for
   2-10  misconduct connected with his last work.  The disqualification
   2-11  continues until the claimant has returned to employment and either
   2-12  worked for six weeks or earned wages equal to six times his weekly
   2-13  benefit amount.
   2-14        (c)  If the Commission finds that during his current benefit
   2-15  year he has failed, without good cause, either to apply for
   2-16  available, suitable work when so directed by the Commission or to
   2-17  accept suitable work when offered him, or to return to his
   2-18  customary self-employment (if any) when so directed by the
   2-19  Commission.  The disqualification continues until the claimant has
   2-20  returned to employment and either worked for six weeks or earned
   2-21  wages equal to six times his weekly benefit amount.
   2-22              (1)  In determining whether or not any work is suitable
   2-23  for an individual, the Commission shall consider the degree of risk
   2-24  involved to his health, safety and morals at the place of
   2-25  performance of his work, his physical fitness and prior training,
   2-26  his experience and prior earnings, his length of unemployment and
   2-27  prospects for securing local work in his customary occupation, and
    3-1  the distance of the available work from his residence.
    3-2              (2)  Notwithstanding any other provisions of this Act,
    3-3  no work shall be deemed suitable and benefits shall not be denied
    3-4  under this Act to any otherwise eligible individual for refusing to
    3-5  accept new work under any of the following conditions:  (a) If the
    3-6  position offered is vacant due directly to a strike, lockout, or
    3-7  other labor dispute; (b) If the wages, hours, or other conditions
    3-8  of the work offered are substantially less favorable to the
    3-9  individual than those prevailing for similar work in the locality;
   3-10  (c) If as a condition of being employed the individual would be
   3-11  required to join a company union or to resign from or refrain from
   3-12  joining any bona fide labor organization.
   3-13        (d)  For any benefit period with respect to which the
   3-14  Commission finds that his total or partial unemployment is (i) due
   3-15  to the claimant's stoppage of work because of a labor dispute at
   3-16  the factory, establishment, or other premises (including a vessel)
   3-17  at which he is or was last employed, or (ii) because of a labor
   3-18  dispute at another place, either within or without this State,
   3-19  which is owned or operated by the same employing unit which owns or
   3-20  operates the premises at which he is or was last employed, and
   3-21  supplies materials or services necessary to the continued and usual
   3-22  operation of the premises at which he is or was last employed;
   3-23  provided that this subsection shall not apply if it is shown to the
   3-24  satisfaction of the Commission that:
   3-25              (1)  He is not participating in or financing or
   3-26  directly interested in the labor dispute; provided, however, that
   3-27  failure or refusal to cross a picket line or refusal for any reason
    4-1  during the continuance of such labor dispute to accept and perform
    4-2  his available and customary work at the factory, establishment, or
    4-3  other premises (including a vessel) where he is or was last
    4-4  employed shall be considered as participation and interest in the
    4-5  labor dispute; and
    4-6              (2)  He does not belong to a grade or class of workers
    4-7  of which, immediately before the commencement of the labor dispute,
    4-8  there were members employed at the premises (including a vessel) at
    4-9  which the labor dispute occurs, any of whom are participating in or
   4-10  financing or directly interested in the dispute; provided, that if
   4-11  in any case separate branches of work which are commonly conducted
   4-12  as separate businesses in separate premises are conducted in
   4-13  separate departments of the same premises, each such department
   4-14  shall, for the purposes of this subsection, be deemed to be a
   4-15  separate factory, establishment, or other premises; and where a
   4-16  disqualification arises from the employee's failure to meet the
   4-17  requirements of this paragraph (2) of this subsection (d) his
   4-18  disqualification shall cease if he shall show that he is not, and
   4-19  at the time of the labor dispute was not, a member of a labor
   4-20  organization which is the same as, represented by, or directly
   4-21  affiliated with, or that he, or such organization of which he is a
   4-22  member, if any, is not acting in concert or in sympathy with a
   4-23  labor organization involved in the labor dispute at the premises at
   4-24  which the labor dispute occurred, and he has made an unconditional
   4-25  offer to return to work at the premises at which he is or was last
   4-26  employed.
   4-27        (e)  For any benefit period with respect to which he is
    5-1  receiving or has received remuneration in the form of:
    5-2              (1)  Wages in lieu of notice; or
    5-3              (2)  Compensation for temporary partial disability,
    5-4  temporary total disability or total and permanent disability under
    5-5  the Workmen's Compensation Law of any State or under a similar law
    5-6  of the United States<;>
    5-7              <(3)  Old Age Benefits under Title II of the Social
    5-8  Security Act as amended, or similar payments under any Act of
    5-9  Congress, or a State Legislature; provided, that if such
   5-10  remuneration is less than the benefits which would otherwise be due
   5-11  under this Act, he shall be entitled to receive for such benefit
   5-12  period, if otherwise eligible, benefits reduced by the amount of
   5-13  such remuneration.  If any such benefits, payable under this
   5-14  subsection, after being reduced by the amount of such remuneration,
   5-15  are not an even multiple of One Dollar ($1), they shall be adjusted
   5-16  to the next higher multiple of One Dollar ($1)>.
   5-17        (f)  For a benefit period occurring from the date of the sale
   5-18  of a business until the date that an individual is employed and is
   5-19  eligible for benefits based on the wage credits received through
   5-20  the new employment, if:
   5-21              (1)  the business is a corporation and the individual
   5-22  is:
   5-23                    (A)  an officer of the corporation;
   5-24                    (B)  a majority or controlling shareholder in the
   5-25  corporation; and
   5-26                    (C)  involved in the sale of the corporation;
   5-27              (2)  the business is a limited or general partnership
    6-1  and the individual is a limited or general partner who is involved
    6-2  in the sale of the partnership; or
    6-3              (3)  the business is a sole proprietorship and the
    6-4  individual is the proprietor who sells the business.
    6-5        (g)  For the duration of any period of unemployment with
    6-6  respect to which the Commission finds that such individual has left
    6-7  his most recent work for the purpose of attending an established
    6-8  educational institution; provided, that this subsection shall not
    6-9  apply during a period in which an individual is in training with
   6-10  the approval of the Commission.
   6-11        (h)  For weeks of unemployment beginning after March 31,
   6-12  1980, for any benefit period with respect to which the individual
   6-13  is receiving a governmental or other pension, retirement or retired
   6-14  pay, annuity, or any other similar periodic payment which is based
   6-15  on the previous work of the individual and which is reasonably
   6-16  attributable to that benefit period; provided that if the
   6-17  remuneration is less than the benefits which would otherwise be due
   6-18  under this Act, the individual shall be entitled to receive for
   6-19  that benefit period, if otherwise eligible, benefits reduced by the
   6-20  amount of the remuneration.  If those benefits payable under this
   6-21  subsection, after being reduced by the amount of the remuneration,
   6-22  are not an even multiple of One Dollar ($1), they shall be adjusted
   6-23  to the next higher multiple of One Dollar ($1).  If payments
   6-24  referred to in this paragraph are being received by any individual
   6-25  under the Federal Social Security Act, the Commission shall take
   6-26  into account the individual's contribution and make no reduction in
   6-27  the weekly benefit amount.
    7-1        The Legislature declares that the preceding paragraph is
    7-2  enacted because Section 3304(a)(15) of the Federal Unemployment Tax
    7-3  Act as provided in Public Law 94-566 requires this provision in
    7-4  State law as of January 1, 1978, as a condition for full tax credit
    7-5  against the tax imposed by the Federal Unemployment Tax Act; and it
    7-6  further declares that if Section 3304(a)(15) is amended to provide
    7-7  modifications of these requirements, the modified requirements, to
    7-8  the extent that they are required for full tax credit, shall be
    7-9  considered applicable under the provisions of this Section rather
   7-10  than the provisions stated in the preceding paragraph.
   7-11        (i)  This Section does not disqualify a claimant whose
   7-12  work-related reason for separation from employment was urgent,
   7-13  compelling, and of a necessitous nature so as to make separation
   7-14  involuntary.
   7-15        (j)  If the Commission finds that he has left his last work
   7-16  voluntarily rather than provide services included within the course
   7-17  and scope of his employment to an individual infected with a
   7-18  communicable disease.  The disqualification continues until the
   7-19  claimant has returned to employment and either worked for six weeks
   7-20  or earned wages equal to six times the claimant's weekly benefit
   7-21  amount.  A claimant is not disqualified under this subsection
   7-22  unless the individual or organization for whom the claimant last
   7-23  worked made available to the claimant the facilities, equipment,
   7-24  training, and supplies necessary to permit the claimant to take
   7-25  reasonable precautions to preclude the infection of the claimant
   7-26  with the communicable disease.
   7-27        (k)  If the Commission finds that he has been discharged from
    8-1  his last work based on a refusal by him to provide services
    8-2  included within the course and scope of his employment to an
    8-3  individual infected with a communicable disease.  The
    8-4  disqualification continues until the claimant has returned to
    8-5  employment and either worked for six weeks or earned wages equal to
    8-6  six times the claimant's weekly benefit amount.  A claimant is not
    8-7  disqualified under this subsection unless the individual or
    8-8  organization for whom the claimant last worked made available to
    8-9  the claimant the facilities, equipment, training, and supplies
   8-10  necessary to preclude the infection of the claimant with the
   8-11  communicable disease.
   8-12        SECTION 2.  EMERGENCY.  The importance of this legislation
   8-13  and the crowded condition of the calendars in both houses create an
   8-14  emergency and an imperative public necessity that the
   8-15  constitutional rule requiring bills to be read on three several
   8-16  days in each house be suspended, and this rule is hereby suspended.