By: Campbell H.B. No. 2534
73R6642 PB-D
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. 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 work
1-12 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
1-24 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 disqualified under this subsection.
2-10 (b) If the Commission finds he has been discharged for
2-11 misconduct connected with his last work. The disqualification
2-12 continues until the claimant has returned to employment and either
2-13 worked for six weeks or earned wages equal to six times his weekly
2-14 benefit amount.
2-15 (c) If the Commission finds that during his current benefit
2-16 year he has failed, without good cause, either to apply for
2-17 available, suitable work when so directed by the Commission or to
2-18 accept suitable work when offered him, or to return to his
2-19 customary self-employment (if any) when so directed by the
2-20 Commission. The disqualification continues until the claimant has
2-21 returned to employment and either worked for six weeks or earned
2-22 wages equal to six times his weekly benefit amount.
2-23 (1) In determining whether or not any work is suitable
2-24 for an individual, the Commission shall consider the degree of risk
2-25 involved to his health, safety and morals at the place of
2-26 performance of his work, his physical fitness and prior training,
2-27 his experience and prior earnings, his length of unemployment and
3-1 prospects for securing local work in his customary occupation, and
3-2 the distance of the available work from his residence.
3-3 (2) Notwithstanding any other provisions of this Act,
3-4 no work shall be deemed suitable and benefits shall not be denied
3-5 under this Act to any otherwise eligible individual for refusing to
3-6 accept new work under any of the following conditions: (a) If the
3-7 position offered is vacant due directly to a strike, lockout, or
3-8 other labor dispute; (b) If the wages, hours, or other conditions
3-9 of the work offered are substantially less favorable to the
3-10 individual than those prevailing for similar work in the locality;
3-11 (c) If as a condition of being employed the individual would be
3-12 required to join a company union or to resign from or refrain from
3-13 joining any bona fide labor organization.
3-14 (d) For any benefit period with respect to which the
3-15 Commission finds that his total or partial unemployment is (i) due
3-16 to the claimant's stoppage of work because of a labor dispute at
3-17 the factory, establishment, or other premises (including a vessel)
3-18 at which he is or was last employed, or (ii) because of a labor
3-19 dispute at another place, either within or without this State,
3-20 which is owned or operated by the same employing unit which owns or
3-21 operates the premises at which he is or was last employed, and
3-22 supplies materials or services necessary to the continued and usual
3-23 operation of the premises at which he is or was last employed;
3-24 provided that this subsection shall not apply if it is shown to the
3-25 satisfaction of the Commission that:
3-26 (1) He is not participating in or financing or
3-27 directly interested in the labor dispute; provided, however, that
4-1 failure or refusal to cross a picket line or refusal for any reason
4-2 during the continuance of such labor dispute to accept and perform
4-3 his available and customary work at the factory, establishment, or
4-4 other premises (including a vessel) where he is or was last
4-5 employed shall be considered as participation and interest in the
4-6 labor dispute; and
4-7 (2) He does not belong to a grade or class of workers
4-8 of which, immediately before the commencement of the labor dispute,
4-9 there were members employed at the premises (including a vessel) at
4-10 which the labor dispute occurs, any of whom are participating in or
4-11 financing or directly interested in the dispute; provided, that if
4-12 in any case separate branches of work which are commonly conducted
4-13 as separate businesses in separate premises are conducted in
4-14 separate departments of the same premises, each such department
4-15 shall, for the purposes of this subsection, be deemed to be a
4-16 separate factory, establishment, or other premises; and where a
4-17 disqualification arises from the employee's failure to meet the
4-18 requirements of this paragraph (2) of this subsection (d) his
4-19 disqualification shall cease if he shall show that he is not, and
4-20 at the time of the labor dispute was not, a member of a labor
4-21 organization which is the same as, represented by, or directly
4-22 affiliated with, or that he, or such organization of which he is a
4-23 member, if any, is not acting in concert or in sympathy with a
4-24 labor organization involved in the labor dispute at the premises at
4-25 which the labor dispute occurred, and he has made an unconditional
4-26 offer to return to work at the premises at which he is or was last
4-27 employed.
5-1 (e) For any benefit period with respect to which he is
5-2 receiving or has received remuneration in the form of:
5-3 (1) Wages in lieu of notice; or
5-4 (2) Compensation for temporary partial disability,
5-5 temporary total disability or total and permanent disability under
5-6 the Workmen's Compensation Law of any State or under a similar law
5-7 of the United States<;>
5-8 <(3) Old Age Benefits under Title II of the Social
5-9 Security Act as amended, or similar payments under any Act of
5-10 Congress, or a State Legislature; provided, that if such
5-11 remuneration is less than the benefits which would otherwise be due
5-12 under this Act, he shall be entitled to receive for such benefit
5-13 period, if otherwise eligible, benefits reduced by the amount of
5-14 such remuneration. If any such benefits, payable under this
5-15 subsection, after being reduced by the amount of such remuneration,
5-16 are not an even multiple of One Dollar ($1), they shall be adjusted
5-17 to the next higher multiple of One Dollar ($1)>.
5-18 (f) For a benefit period occurring from the date of the sale
5-19 of a business until the date that an individual is employed and is
5-20 eligible for benefits based on the wage credits received through
5-21 the new employment, if:
5-22 (1) the business is a corporation and the individual
5-23 is:
5-24 (A) an officer of the corporation;
5-25 (B) a majority or controlling shareholder in the
5-26 corporation; and
5-27 (C) involved in the sale of the corporation;
6-1 (2) the business is a limited or general partnership
6-2 and the individual is a limited or general partner who is involved
6-3 in the sale of the partnership; or
6-4 (3) the business is a sole proprietorship and the
6-5 individual is the proprietor who sells the business.
6-6 (g) For the duration of any period of unemployment with
6-7 respect to which the Commission finds that such individual has left
6-8 his most recent work for the purpose of attending an established
6-9 educational institution; provided, that this subsection shall not
6-10 apply during a period in which an individual is in training with
6-11 the approval of the Commission.
6-12 (h) For weeks of unemployment beginning after March 31,
6-13 1980, for any benefit period with respect to which the individual
6-14 is receiving a governmental or other pension, retirement or retired
6-15 pay, annuity, or any other similar periodic payment which is based
6-16 on the previous work of the individual and which is reasonably
6-17 attributable to that benefit period; provided that if the
6-18 remuneration is less than the benefits which would otherwise be due
6-19 under this Act, the individual shall be entitled to receive for
6-20 that benefit period, if otherwise eligible, benefits reduced by the
6-21 amount of the remuneration. If those benefits payable under this
6-22 subsection, after being reduced by the amount of the remuneration,
6-23 are not an even multiple of One Dollar ($1), they shall be adjusted
6-24 to the next higher multiple of One Dollar ($1).
6-25 The Legislature declares that the preceding paragraph is
6-26 enacted because Section 3304(a)(15) of the Federal Unemployment Tax
6-27 Act as provided in Public Law 94-566 requires this provision in
7-1 State law as of January 1, 1978, as a condition for full tax credit
7-2 against the tax imposed by the Federal Unemployment Tax Act; and it
7-3 further declares that if Section 3304(a)(15) is amended to provide
7-4 modifications of these requirements, the modified requirements, to
7-5 the extent that they are required for full tax credit, shall be
7-6 considered applicable under the provisions of this Section rather
7-7 than the provision stated in the preceding paragraph.
7-8 (i) This Section does not disqualify a claimant whose
7-9 work-related reason for separation from employment was urgent,
7-10 compelling, and of a necessitous nature so as to make separation
7-11 involuntary.
7-12 (j) If the Commission finds that he has left his last work
7-13 voluntarily rather than provide services included within the course
7-14 and scope of his employment to an individual infected with a
7-15 communicable disease. The disqualification continues until the
7-16 claimant has returned to employment and either worked for six weeks
7-17 or earned wages equal to six times the claimant's weekly benefit
7-18 amount. A claimant is not disqualified under this subsection
7-19 unless the individual or organization for whom the claimant last
7-20 worked made available to the claimant the facilities, equipment,
7-21 training, and supplies necessary to permit the claimant to take
7-22 reasonable precautions to preclude the infection of the claimant
7-23 with the communicable disease.
7-24 (k) If the Commission finds that he has been discharged from
7-25 his last work based on a refusal by him to provide services
7-26 included within the course and scope of his employment to an
7-27 individual infected with a communicable disease. The
8-1 disqualification continues until the claimant has returned to
8-2 employment and either worked for six weeks or earned wages equal to
8-3 six times the claimant's weekly benefit amount. A claimant is not
8-4 disqualified under this subsection unless the individual or
8-5 organization for whom the claimant last worked made available to
8-6 the claimant the facilities, equipment, training, and supplies
8-7 necessary to preclude the infection of the claimant with the
8-8 communicable disease.
8-9 SECTION 2. The importance of this legislation and the
8-10 crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended,
8-14 and that this Act take effect and be in force from and after its
8-15 passage, and it is so enacted.