SRC-DBM S.B. 499 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 499
76R776  JMM-DBy: Shapleigh
Human Services
2/22/1999
As Filed


DIGEST 

Currently, Texas unemployment law does not specifically make victims of
family violence eligible for unemployment compensation benefits.  Texas is
one of 31 states that do not allow individuals who leave their jobs for
safety reasons, such as a stalking ex-spouse or boyfriend, to qualify for
unemployment benefits.  A survey conducted by Victims Services in New York
City indicated that 74 percent of abused women are harassed at work by
their abusers and that one in four battered women had lost their job due to
the effects of domestic violence.  S.B. 499 will provide an individual who
leaves his or her workplace upon the advice of a law enforcement officer, a
licensed family practitioner, or a licensed counselor due to a threat of
family violence to be eligible to receive unemployment benefits. 

PURPOSE

As proposed, S.B. 499 adds the eligibility of certain victims of family
violence for unemployment compensation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 204.022, Labor Code, by amending Subsection (a)
and adding Subsection (c), to prohibit benefits computed on an employee's
or former employee's benefit wage credits from being charged to an
employer's account if the employee's last separation from the employer's
employment before the employee's benefit year resulted from the employee
having been advised by a law enforcement officer, a licensed medical
practitioner, or a licensed counselor to leave the employee's workplace to
protect the employee from family violence or stalking.  Defines "family
violence." 

SECTION 2.  Amends Section 207.045, Labor Code, by amending Subsection (d),
to prohibit a person who is available to work from being disqualified for
benefits because the individual left work because of an involuntary
separation as described by Section 207.046.  Makes a conforming change. 

SECTION 3.  Amends Section 207.046, Labor Code, to provide that an
individual is not disqualified for benefits under this subchapter  if the
individual leaves the workplace because the individual has been advised by
a law enforcement officer, a licensed medical practitioner, or a licensed
counselor to leave the workplace to protect the individual from family
violence or stalking.  Defines "family violence." Makes conforming changes. 

SECTION 4.Makes application of this Act prospective.

SECTION 5.Emergency clause.
  Effective date:  upon passage.