1-1 By: Shapleigh S.B. No. 499
1-2 (In the Senate - Filed February 12, 1999; February 15, 1999,
1-3 read first time and referred to Committee on Human Services;
1-4 March 17, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 1; March 17, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 499 By: Bernsen
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the eligibility of certain victims of family violence
1-11 or stalking for unemployment compensation.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 204.022, Labor Code, is amended by
1-14 amending Subsection (a) and adding Subsection (c) to read as
1-15 follows:
1-16 (a) Benefits computed on benefit wage credits of an employee
1-17 or former employee may not be charged to the account of an employer
1-18 if the employee's last separation from the employer's employment
1-19 before the employee's benefit year:
1-20 (1) was required by a federal statute;
1-21 (2) was required by a statute of this state or an
1-22 ordinance of a municipality of this state;
1-23 (3) would have disqualified the employee under Section
1-24 207.044, 207.045, 207.051, or 207.053 if the employment had been
1-25 the employee's last work;
1-26 (4) imposes a disqualification under Section 207.044,
1-27 207.045, 207.051, or 207.053;
1-28 (5) was caused by a medically verifiable illness of
1-29 the employee or the employee's minor child;
1-30 (6) was based on a natural disaster that results in a
1-31 disaster declaration by the president of the United States under
1-32 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
1-33 (42 U.S.C. Section 5121 et seq.), if the employee would have been
1-34 entitled to unemployment assistance benefits under Section 410 of
1-35 that act (42 U.S.C. Section 5177) had the employee not received
1-36 state unemployment compensation benefits;
1-37 (7) was caused by a natural disaster, fire, flood, or
1-38 explosion that causes employees to be separated from one employer's
1-39 employment; [or]
1-40 (8) resulted from the employee's resigning from
1-41 partial employment to accept other employment that the employee
1-42 reasonably believed would increase the employee's weekly wage; or
1-43 (9) resulted from the employee's reasonable belief
1-44 that the employee was required to leave the employee's workplace to
1-45 protect the employee from family violence or stalking.
1-46 (c) For purposes of Subsection (a)(9):
1-47 (1) "Family violence" has the meaning assigned by
1-48 Section 71.004, Family Code.
1-49 (2) "Stalking" means conduct that constitutes an
1-50 offense under Section 42.072, Penal Code.
1-51 SECTION 2. Subsection (d), Section 207.045, Labor Code, is
1-52 amended to read as follows:
1-53 (d) Notwithstanding any other provision of this section, an
1-54 individual who is available to work may not be disqualified for
1-55 benefits because the individual left work because of:
1-56 (1) a medically verified illness of the individual or
1-57 the individual's minor child;
1-58 (2) injury;
1-59 (3) disability; [or]
1-60 (4) pregnancy; or
1-61 (5) an involuntary separation as described by Section
1-62 207.046.
1-63 SECTION 3. Section 207.046, Labor Code, is amended to read
1-64 as follows:
2-1 Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual is
2-2 not disqualified for benefits under this subchapter if:
2-3 (1) the work-related reason for the individual's
2-4 separation from employment was urgent, compelling, and necessary so
2-5 as to make the separation involuntary; or
2-6 (2) the individual leaves the workplace because the
2-7 individual reasonably believes that the individual must leave the
2-8 workplace to protect the individual from family violence or
2-9 stalking.
2-10 (b) In this section:
2-11 (1) "Family violence" has the meaning assigned by
2-12 Section 71.004, Family Code.
2-13 (2) "Stalking" means conduct that constitutes an
2-14 offense under Section 42.072, Penal Code.
2-15 SECTION 4. The Texas Workforce Commission shall adopt rules
2-16 not later than January 1, 2000, that relate to the eligibility for
2-17 unemployment compensation benefits of an individual under
2-18 Subdivision (2), Subsection (a), Section 207.046, Labor Code, as
2-19 added by this Act. For the purposes of Subdivision (9), Subsection
2-20 (a), Section 204.022, Labor Code, as added by this Act, the rules
2-21 may require a showing of the basis for the individual's belief that
2-22 the individual must leave the workplace to protect against family
2-23 violence or stalking, including information from an employer, an
2-24 observation or report from a mental health professional, crime
2-25 victim advocate, or licensed health care professional, a police
2-26 report, a protective order, or other probative information
2-27 regarding family violence.
2-28 SECTION 5. This Act applies only to eligibility for
2-29 unemployment compensation benefits based on an unemployment
2-30 compensation claim that is filed with the Texas Workforce
2-31 Commission on or after the effective date of this Act. A claim
2-32 filed before the effective date of this Act is governed by the law
2-33 in effect on the date the claim was filed, and the former law is
2-34 continued in effect for that purpose.
2-35 SECTION 6. The importance of this legislation and the
2-36 crowded condition of the calendars in both houses create an
2-37 emergency and an imperative public necessity that the
2-38 constitutional rule requiring bills to be read on three several
2-39 days in each house be suspended, and this rule is hereby suspended,
2-40 and that this Act take effect and be in force from and after its
2-41 passage, and it is so enacted.
2-42 * * * * *