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.