By Tillery                                             H.B. No. 318
         77R2392 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility for unemployment benefits of
 1-3     individuals who are unemployed due to certain labor disputes.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 207.048, Labor Code, is amended by
 1-6     amending Subsections (a), (b), and (f) and adding Subsection (g) to
 1-7     read as follows:
 1-8           (a)  An individual is disqualified for benefits for a benefit
 1-9     period in which the individual's total or partial unemployment is
1-10     caused by[:]
1-11                 [(1)]  the individual's stoppage of work because of a
1-12     labor dispute at the factory, establishment, or other premises
1-13     where the individual is or was last employed[; or]
1-14                 [(2)  a labor dispute at another place that:]
1-15                       [(A)  is owned or operated by the same employing
1-16     unit that owns or operates the premises where the individual is or
1-17     was last employed; and]
1-18                       [(B)  supplies material or services necessary to
1-19     the continued and usual operation of the premises where the
1-20     individual is or was last employed].
1-21           (b)  Disqualification for benefits under this section does
1-22     not apply to an individual who shows to the satisfaction of the
1-23     commission that the individual:
1-24                 (1)  is not participating in, financing, or directly
 2-1     interested in the labor dispute; [and]
 2-2                 (2)  does not belong to a grade or class of workers any
 2-3     members of which were employed at the premises of the labor dispute
 2-4     immediately before the beginning of the labor dispute and any of
 2-5     whom are participating in, financing, or directly interested in the
 2-6     dispute;
 2-7                 (3)  has been locked out of the individual's place of
 2-8     employment; or
 2-9                 (4)  has been placed on emergency leave without pay by
2-10     the individual's employer.
2-11           (f)  For the purposes of this section:
2-12                 (1)  "Lock out" means the denial of entry by an
2-13     employer to the place of employment of employees of that employer
2-14     who have not:
2-15                       (A)  gone on strike; or
2-16                       (B)  notified the employer of a date on which the
2-17     employees intend to go on strike.
2-18                 (2)  "Premises" [, "premises"] includes a vessel.
2-19           (g)  For the purposes of Subsection (b), the payment of
2-20     regular union dues by an individual does not constitute financing a
2-21     labor dispute.
2-22           SECTION 2.  This Act takes effect immediately if it receives
2-23     a vote of two-thirds of all the members elected to each house, as
2-24     provided by Section 39, Article III, Texas Constitution.  If this
2-25     Act does not receive the vote necessary for immediate effect, this
2-26     Act takes effect September 1, 2001.