By: Lucio S.B. No. 1251
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Texas Unemployment Compensation Act; defining
1-2 temporary help firm and temporary employee.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Texas Unemployment Compensation Act
1-5 (Article 5221b-3, Vernon's Texas Civil Statutes), is amended to
1-6 read as follows:
1-7 Sec. 5. DISQUALIFICATION FOR BENEFITS. An individual shall
1-8 be disqualified for benefits:
1-9 (a) If the Commission finds that he has left his last work
1-10 voluntarily without good cause connected with his work. The
1-11 disqualification continues until the claimant has returned to
1-12 employment and either worked for six weeks or earned wages equal to
1-13 six times his weekly benefit amount, unless the individual left
1-14 work to move with a spouse from the area in which the individual
1-15 worked. In that case, the disqualification shall be for not less
1-16 than six (6) nor more than twenty-five (25) benefit periods
1-17 following the filing of a valid claim, as determined by the
1-18 Commission according to the circumstances in each case. Provided
1-19 no claimant shall be disqualified because of his or her leaving due
1-20 to medically verified illness of the claimant or the claimant's
1-21 minor child, injury, disability, or pregnancy and is still
1-22 available for work. A medically verified illness of a minor child
1-23 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. A temporary
2-9 employee of a temporary help firm will be deemed to have left his
2-10 last work voluntarily without good cause connected with his work if
2-11 the temporary employee does not contact the temporary help firm for
2-12 reassignment on completion of an assignment. A temporary employee
2-13 will not be deemed to have left his work voluntarily without good
2-14 cause connected with his work unless the temporary employee has
2-15 been advised of the obligation to contact the temporary help firm
2-16 on completion of assignments and that unemployment benefits may be
2-17 denied for failure to do so.
2-18 (b) If the Commission finds he has been discharged for
2-19 misconduct connected with his last work. The disqualification
2-20 continues until the claimant has returned to employment and either
2-21 worked for six weeks or earned wages equal to six times his weekly
2-22 benefit amount.
2-23 (c) If the Commission finds that during his current benefit
2-24 year he has failed, without good cause, either to apply for
2-25 available, suitable work when so directed by the Commission or to
3-1 accept suitable work when offered him, or to return to his
3-2 customary self-employment (if any) when so directed by the
3-3 Commission. The disqualification continues until the claimant has
3-4 returned to employment and either worked for six weeks or earned
3-5 wages equal to six times his weekly benefit amount.
3-6 (1) In determining whether or not any work is suitable
3-7 for an individual, the Commission shall consider the degree of risk
3-8 involved to his health, safety and morals at the place of
3-9 performance of his work, his physical fitness and prior training,
3-10 his experience and prior earnings, his length of unemployment and
3-11 prospects for securing local work in his customary occupation, and
3-12 the distance of the available work from his residence.
3-13 (2) Notwithstanding any other provisions of this Act,
3-14 no work shall be deemed suitable and benefits shall not be denied
3-15 under this Act to any otherwise eligible individual for refusing to
3-16 accept new work under any of the following conditions: (a) If the
3-17 position offered is vacant due directly to a strike, lockout, or
3-18 other labor dispute; (b) If the wages, hours, or other conditions
3-19 of the work offered are substantially less favorable to the
3-20 individual than those prevailing for similar work in the locality;
3-21 (c) If as a condition of being employed the individual would be
3-22 required to join a company union or to resign from or refrain from
3-23 joining any bona fide labor organization.
3-24 (d) For any benefit period with respect to which the
3-25 Commission finds that his total or partial unemployment is (i) due
4-1 to the claimant's stoppage of work because of a labor dispute at
4-2 the factory, establishment, or other premises (including a vessel)
4-3 at which he is or was last employed, or (ii) because of a labor
4-4 dispute at another place, either within or without this State,
4-5 which is owned or operated by the same employing unit which owns or
4-6 operates the premises at which he is or was last employed, and
4-7 supplies materials or services necessary to the continued and usual
4-8 operation of the premises at which he is or was last employed;
4-9 provided that this subsection shall not apply if it is shown to the
4-10 satisfaction of the Commission that:
4-11 (1) He is not participating in or financing or
4-12 directly interested in the labor dispute; provided, however, that
4-13 failure or refusal to cross a picket line or refusal for any reason
4-14 during the continuance of such labor dispute to accept and perform
4-15 his available and customary work at the factory, establishment, or
4-16 other premises (including a vessel) where he is or was last
4-17 employed shall be considered as participation and interest in the
4-18 labor dispute; and
4-19 (2) He does not belong to a grade or class of workers
4-20 of which, immediately before the commencement of the labor dispute,
4-21 there were members employed at the premises (including a vessel) at
4-22 which the labor dispute occurs, any of whom are participating in or
4-23 financing or directly interested in the dispute; provided, that if
4-24 in any case separate branches of work which are commonly conducted
4-25 as separate businesses in separate premises are conducted in
5-1 separate departments of the same premises, each such department
5-2 shall, for the purposes of this subsection, be deemed to be a
5-3 separate factory, establishment, or other premises; and where a
5-4 disqualification arises from the employee's failure to meet the
5-5 requirements of this paragraph (2) of this subsection (d) his
5-6 disqualification shall cease if he shall show that he is not, and
5-7 at the time of the labor dispute was not, a member of a labor
5-8 organization which is the same as, represented by, or directly
5-9 affiliated with, or that he, or such organization of which he is a
5-10 member, if any, is not acting in concert or in sympathy with a
5-11 labor organization involved in the labor dispute at the premises at
5-12 which the labor dispute occurred, and he has made an unconditional
5-13 offer to return to work at the premises at which he is or was last
5-14 employed.
5-15 (e) For any benefit period with respect to which he is
5-16 receiving or has received remuneration in the form of:
5-17 (1) Wages in lieu of notice;
5-18 (2) Compensation for temporary partial disability,
5-19 temporary total disability or total and permanent disability under
5-20 the Workmen's Compensation Law of any State or under a similar law
5-21 of the United States;
5-22 (3) Old Age Benefits under Title II of the Social
5-23 Security Act as amended, or similar payments under any Act of
5-24 Congress, or a State Legislature; provided, that if such
5-25 remuneration is less than the benefits which would otherwise be due
6-1 under this Act, he shall be entitled to receive for such benefit
6-2 period, if otherwise eligible, benefits reduced by the amount of
6-3 such remuneration. If any such benefits, payable under this
6-4 subsection, after being reduced by the amount of such remuneration,
6-5 are not an even multiple of One Dollar ($1), they shall be adjusted
6-6 to the next higher multiple of One Dollar ($1).
6-7 (f) For a benefit period occurring from the date of the sale
6-8 of a business until the date that an individual is employed and is
6-9 eligible for benefits based on the wage credits received through
6-10 the new employment, if:
6-11 (1) the business is a corporation and the individual
6-12 is:
6-13 (A) an officer of the corporation;
6-14 (B) a majority or controlling shareholder in the
6-15 corporation; and
6-16 (C) involved in the sale of the corporation;
6-17 (2) the business is a limited or general partnership
6-18 and the individual is a limited or general partner who is involved
6-19 in the sale of the partnership; or
6-20 (3) the business is a sole proprietorship and the
6-21 individual is the proprietor who sells the business.
6-22 (g) For the duration of any period of unemployment with
6-23 respect to which the Commission finds that such individual has left
6-24 his most recent work for the purpose of attending an established
6-25 educational institution; provided, that this subsection shall not
7-1 apply during a period in which an individual is in training with
7-2 the approval of the Commission.
7-3 (h) For weeks of unemployment beginning after March 31,
7-4 1980, for any benefit period with respect to which the individual
7-5 is receiving a governmental or other pension, retirement or retired
7-6 pay, annuity, or any other similar periodic payment which is based
7-7 on the previous work of the individual and which is reasonably
7-8 attributable to that benefit period; provided that if the
7-9 remuneration is less than the benefits which would otherwise be due
7-10 under this Act, the individual shall be entitled to receive for
7-11 that benefit period, if otherwise eligible, benefits reduced by the
7-12 amount of the remuneration. If those benefits payable under this
7-13 subsection, after being reduced by the amount of the remuneration,
7-14 are not an even multiple of One Dollar ($1), they shall be adjusted
7-15 to the next higher multiple of One Dollar ($1).
7-16 The Legislature declares that the preceding paragraph is
7-17 enacted because Section 3304(a)(15) of the Federal Unemployment Tax
7-18 Act as provided in Public Law 94-566 requires this provision in
7-19 State law as of January 1, 1978, as a condition for full tax credit
7-20 against the tax imposed by the Federal Unemployment Tax Act; and it
7-21 further declares that if Section 3304(a)(15) is amended to provide
7-22 modifications of these requirements, the modified requirements, to
7-23 the extent that they are required for full tax credit, shall be
7-24 considered applicable under the provisions of this Section rather
7-25 than the provision stated in the preceding paragraph.
8-1 (i) This Section does not disqualify a claimant whose
8-2 work-related reason for separation from employment was urgent,
8-3 compelling, and of a necessitous nature so as to make separation
8-4 involuntary.
8-5 (j) If the Commission finds that he has left his last work
8-6 voluntarily rather than provide services included within the course
8-7 and scope of his employment to an individual infected with a
8-8 communicable disease. The disqualification continues until the
8-9 claimant has returned to employment and either worked for six weeks
8-10 or earned wages equal to six times the claimant's weekly benefit
8-11 amount. A claimant is not disqualified under this subsection
8-12 unless the individual or organization for whom the claimant last
8-13 worked made available to the claimant the facilities, equipment,
8-14 training, and supplies necessary to permit the claimant to take
8-15 reasonable precautions to preclude the infection of the claimant
8-16 with the communicable disease.
8-17 (k) If the Commission finds that he has been discharged from
8-18 his last work based on a refusal by him to provide services
8-19 included within the course and scope of his employment to an
8-20 individual infected with a communicable disease. The
8-21 disqualification continues until the claimant has returned to
8-22 employment and either worked for six weeks or earned wages equal to
8-23 six times the claimant's weekly benefit amount. A claimant is not
8-24 disqualified under this subsection unless the individual or
8-25 organization for whom the claimant last worked made available to
9-1 the claimant the facilities, equipment, training, and supplies
9-2 necessary to preclude the infection of the claimant with the
9-3 communicable disease.
9-4 SECTION 2. Section 19, Texas Unemployment Compensation Act
9-5 (Article 5221b-17, Vernon's Texas Civil Statutes), is amended by
9-6 adding Subsections (r) and (s) to read as follows:
9-7 (r) "Temporary help firm" means a firm or business that
9-8 employs individuals for the purpose of assigning them to the
9-9 temporary help firm's clients to support or supplement the client's
9-10 work force in work situations such as employee absences, temporary
9-11 skill shortages, seasonal work loads, and special assignments and
9-12 projects. For the purposes of this Act, the temporary help firm is
9-13 deemed to be the employer of the temporary employee.
9-14 (s) "Temporary employee" means an individual employed by a
9-15 temporary help firm for the purpose of being assigned to work for
9-16 the clients of a temporary help firm.
9-17 SECTION 3. This Act takes effect September 1, 1993.
9-18 SECTION 4. The importance of this legislation and the
9-19 crowded condition of the calendars in both houses create an
9-20 emergency and an imperative public necessity that the
9-21 constitutional rule requiring bills to be read on three several
9-22 days in each house be suspended, and this rule is hereby suspended.