By Shapleigh S.B. No. 499
76R776 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain victims of family violence
1-3 for unemployment compensation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 204.022, Labor Code, is amended by
1-6 amending Subsection (a) and adding Subsection (c) to read as
1-7 follows:
1-8 (a) Benefits computed on benefit wage credits of an employee
1-9 or former employee may not be charged to the account of an employer
1-10 if the employee's last separation from the employer's employment
1-11 before the employee's benefit year:
1-12 (1) was required by a federal statute;
1-13 (2) was required by a statute of this state or an
1-14 ordinance of a municipality of this state;
1-15 (3) would have disqualified the employee under Section
1-16 207.044, 207.045, 207.051, or 207.053 if the employment had been
1-17 the employee's last work;
1-18 (4) imposes a disqualification under Section 207.044,
1-19 207.045, 207.051, or 207.053;
1-20 (5) was caused by a medically verifiable illness of
1-21 the employee or the employee's minor child;
1-22 (6) was based on a natural disaster that results in a
1-23 disaster declaration by the president of the United States under
1-24 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
2-1 (42 U.S.C. Section 5121 et seq.), if the employee would have been
2-2 entitled to unemployment assistance benefits under Section 410 of
2-3 that act (42 U.S.C. Section 5177) had the employee not received
2-4 state unemployment compensation benefits;
2-5 (7) was caused by a natural disaster, fire, flood, or
2-6 explosion that causes employees to be separated from one employer's
2-7 employment; [or]
2-8 (8) resulted from the employee's resigning from
2-9 partial employment to accept other employment that the employee
2-10 reasonably believed would increase the employee's weekly wage; or
2-11 (9) resulted from the employee having been advised by
2-12 a law enforcement officer, a licensed medical practitioner, or a
2-13 licensed counselor to leave the employee's workplace to protect the
2-14 employee from family violence or stalking.
2-15 (c) For purposes of Subsection (a)(9), "family violence" has
2-16 the meaning assigned by Section 71.004, Family Code.
2-17 SECTION 2. Section 207.045, Labor Code, is amended by
2-18 amending Subsection (d) to read as follows:
2-19 (d) Notwithstanding any other provision of this section, an
2-20 individual who is available to work may not be disqualified for
2-21 benefits because the individual left work because of:
2-22 (1) a medically verified illness of the individual or
2-23 the individual's minor child;
2-24 (2) injury;
2-25 (3) disability; [or]
2-26 (4) pregnancy; or
2-27 (5) an involuntary separation as described by Section
3-1 207.046.
3-2 SECTION 3. Section 207.046, Labor Code, is amended to read
3-3 as follows:
3-4 Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual is
3-5 not disqualified for benefits under this subchapter if:
3-6 (1) the work-related reason for the individual's
3-7 separation from employment was urgent, compelling, and necessary so
3-8 as to make the separation involuntary; or
3-9 (2) the individual leaves the workplace because the
3-10 individual has been advised by a law enforcement officer, a
3-11 licensed medical practitioner, or a licensed counselor to leave the
3-12 workplace to protect the individual from family violence or
3-13 stalking.
3-14 (b) In this section, "family violence" has the meaning
3-15 assigned by Section 71.004, Family Code.
3-16 SECTION 4. This Act applies only to eligibility for
3-17 unemployment compensation benefits based on an unemployment
3-18 compensation claim that is filed with the Texas Workforce
3-19 Commission on or after the effective date of this Act. A claim
3-20 filed before the effective date of this Act is governed by the law
3-21 in effect on the date the claim was filed, and the former law is
3-22 continued in effect for that purpose.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.