HBA-TYH H.B. 616 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 616 By: Greenberg Economic Development 3/11/1999 Introduced BACKGROUND AND PURPOSE The composition of the Texas workforce is changing as women account for a growing percentage of the persons employed. The Bureau of Labor Statistics estimates that between 1996-2000, women will account for two-thirds of new entrants into the workforce. In light of these statistics, it may be appropriate to expand the state's definition of good cause for an individual's voluntary leave from that individual's most recent employment. Current law disqualifies an individual from unemployment insurance benefits if it is determined by the Texas Workforce Commission that the individual left his or her most recent employment without good cause connected to the individual's work. Presently, the circumstances deemed to be good causes do not include: _a medically verifiable illness of a member of the individual's household, other than the employee or the employee's minor child, for whom the individual is providing necessary care; _advice to leave the employment to protect the individual from domestic violence; _sexual harassment; _certain forms of discrimination by the former employer; _a change in working conditions that make continuing employment unreasonable; or _acceptance of other employment that does not eventually occur. H.B. 616 includes these circumstances in the definition of "good cause" for an individual to leave his or her most recent place of employment and still be eligible for unemployment benefits. The bill also specifies that benefits will not be charged to the account of the employer if the employee's last separation from work was caused by the medically verifiable illness of a member of the individual's household for whom the individual must provide necessary care. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegate to the Texas Workforce Commission in SECTION 2 (Section 207.045(j), Labor Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 204.022(a), Labor Code, by including a medically verified illness of another member of the employee's household for whom the employee is responsible for providing necessary care in the list of conditions under which benefits computed on the benefit wage credits of an employee or former employee is prohibited from being charged to the account of an employer. Makes conforming changes. SECTION 2. Amends Section 207.045, Labor Code, by amending Subsection (d) and (e) and by adding Subsections (j) and (k), as follows: (d) Expands the protections afforded by this section prohibiting an individual who is available to work from being disqualified if the individual left work because of: the medically verified illness of a member of the individual's household for whom the individual is responsible for providing necessary care; sexual harassment that adversely affects the individual; discrimination based on certain personal characteristics; a change in working conditions or other working requirements that make continued employment unreasonable; acceptance of other employment that does not actually occur; or professional advice given to the individual to leave the employee's workplace to protect the individual from family violence. These reasons are in addition to existing provisions for injury, disability, pregnancy, or the illness of the individual or the individual's child. (e) Makes conforming changes. (j) Requires the Texas Workforce Commission (commission) to adopt rules as necessary to implement Subsection (d). Requires the commission to consult the Commission on Human Rights when adopting rules relating to discrimination based on personal characteristics. (k) Defines "family violence" and "sexual harassment." SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.