By Greenberg                                           H.B. No. 616
         76R3908 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to eligibility for unemployment compensation benefits for
 1-3     certain individuals who voluntarily leave their last work.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 204.022(a), Labor Code, is amended to
 1-6     read as follows:
 1-7           (a)  Benefits computed on benefit wage credits of an employee
 1-8     or former employee may not be charged to the account of an employer
 1-9     if the employee's last separation from the employer's employment
1-10     before the employee's benefit year:
1-11                 (1)  was required by a federal statute;
1-12                 (2)  was required by a statute of this state or an
1-13     ordinance of a municipality of this state;
1-14                 (3)  would have disqualified the employee under Section
1-15     207.044, 207.045, 207.051, or 207.053 if the employment had been
1-16     the employee's last work;
1-17                 (4)  imposes a disqualification under Section 207.044,
1-18     207.045, 207.051, or 207.053;
1-19                 (5)  was caused by a medically verifiable illness of
1-20     the employee, [or] the employee's minor child, or another member of
1-21     the employee's household for whom the employee is responsible for
1-22     providing necessary care;
1-23                 (6)  was based on a natural disaster that results in a
1-24     disaster declaration by the president of the United States under
 2-1     the Robert T. Stafford Disaster Relief and Emergency Assistance Act
 2-2     (42 U.S.C. Section 5121 et seq.), if the employee would have been
 2-3     entitled to unemployment assistance benefits under Section 410 of
 2-4     that act (42 U.S.C. Section 5177) had the employee not received
 2-5     state unemployment compensation benefits;
 2-6                 (7)  was caused by a natural disaster, fire, flood, or
 2-7     explosion that causes employees to be separated from one employer's
 2-8     employment; or
 2-9                 (8)  resulted from the employee's resigning from
2-10     partial employment to accept other employment that the employee
2-11     reasonably believed would increase the employee's weekly wage.
2-12           SECTION 2.  Section 207.045, Labor Code, is amended by
2-13     amending Subsections (d) and (e) and by adding Subsections (j) and
2-14     (k) to read as follows:
2-15           (d)  Notwithstanding any other provision of this section, an
2-16     individual who is available to work may not be disqualified for
2-17     benefits because the individual left work because of:
2-18                 (1)  a medically verified illness of the individual,
2-19     [or] the individual's minor child, or another member of the
2-20     individual's household for whom the individual is responsible for
2-21     providing necessary care;
2-22                 (2)  injury;
2-23                 (3)  disability; [or]
2-24                 (4)  pregnancy;
2-25                 (5)  sexual harassment that adversely affects the
2-26     individual;
2-27                 (6)  discrimination by the former employer based on the
 3-1     individual's age, race, color, sex, national origin, disability,
 3-2     religion, or political beliefs;
 3-3                 (7)  a change in working conditions or other employment
 3-4     requirements imposed by the employer on the individual that make
 3-5     continuing the employment unreasonable;
 3-6                 (8)  acceptance of other employment by the individual
 3-7     that the individual reasonably believes will occur but that does
 3-8     not actually occur; or
 3-9                 (9)  advice given to the individual by a law
3-10     enforcement officer, a licensed medical practitioner, or a licensed
3-11     counselor to leave the employee's workplace to protect the
3-12     individual from family violence.
3-13           (e)  For the purposes of Subsection (d), a medically verified
3-14     illness of a minor child or another member of the individual's
3-15     household for whom the individual is responsible for providing
3-16     necessary care prevents disqualification only if reasonable
3-17     alternative care was not available [to the child] and the employer
3-18     refused to allow the individual a reasonable amount of time off
3-19     during the illness.
3-20           (j)  The commission shall adopt rules as necessary to
3-21     implement Subsection (d).  In adopting rules under Subsection
3-22     (d)(6), the commission shall consult with the Commission on Human
3-23     Rights.
3-24           (k)  In this section:
3-25                 (1)  "Family violence" has the meaning assigned by
3-26     Section 71.004, Family Code.
3-27                 (2)  "Sexual harassment" means an unsolicited and
 4-1     unwelcome advance, request for sexual favors, or other verbal or
 4-2     physical conduct of a sexual nature if:
 4-3                       (A)  submission to or rejection of the conduct
 4-4     affects the decision to employ a person;
 4-5                       (B)  submission to or rejection of the conduct
 4-6     affects some other employment decision;
 4-7                       (C)  the conduct affects work performance; or
 4-8                       (D)  the conduct creates an intimidating,
 4-9     hostile, or otherwise offensive working environment.
4-10           SECTION 3.  This Act takes effect September 1, 1999, and
4-11     applies only to eligibility for unemployment compensation benefits
4-12     under a claim that is filed with the Texas Workforce Commission on
4-13     or after that date.  Eligibility for unemployment compensation
4-14     benefits under a claim that is filed before that date is governed
4-15     by the law in effect on the date that the claim was filed, and the
4-16     former law is continued in effect for that purpose.
4-17           SECTION 4.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended.