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.