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Amend CSSB 280 by adding the following appropriately numbered
SECTIONS to the bill and renumbering the other SECTIONS of the bill
appropriately:
SECTION ____. Section 204.022, Labor Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) Benefits computed on benefit wage credits of an employee
or former employee may not be charged to the account of an employer
if the employee's last separation from the employer's employment
before the employee's benefit year:
(1) was required by a federal statute;
(2) was required by a statute of this state or an
ordinance of a municipality of this state;
(3) would have disqualified the employee under Section
207.044, 207.045, 207.051, or 207.053 if the employment had been
the employee's last work;
(4) imposes a disqualification under Section 207.044,
207.045, 207.051, or 207.053;
(5) was caused by a medically verifiable illness of
the employee or the employee's minor child;
(6) was based on a natural disaster that results in a
disaster declaration by the president of the United States under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. Section 5121 et seq.), if the employee would have been
entitled to unemployment assistance benefits under Section 410 of
that act (42 U.S.C. Section 5177) had the employee not received
state unemployment compensation benefits;
(7) was caused by a natural disaster, fire, flood, or
explosion that causes employees to be separated from one employer's
employment; [or]
(8) resulted from the employee's resigning from
partial employment to accept other employment that the employee
reasonably believed would increase the employee's weekly wage; or
(9) resulted from the employee leaving the employee's
workplace to protect the employee from family violence or stalking
as evidenced by:
(A) an active or recently issued protective order
documenting family violence against, or the stalking of, the
employee or the potential for family violence against, or the
stalking of, the employee;
(B) a police record documenting family violence
against, or the stalking of, the employee;
(C) a physician's statement or other medical
documentation of family violence against the employee; or
(D) a statement from a licensed professional
counselor, social worker, or other medical professional, a member
of the clergy, an attorney or other legal advocate, a trained staff
member of a family violence center, or another professional who has
assisted the employee in addressing the effects of family violence
against, or the stalking of, the employee or the employee's family.
(c) Except as provided by law, evidence regarding an
employee described by Subsection (a)(9) may not be disclosed to any
person without the consent of the employee.
(d) For purposes of Subsection (a)(9):
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Stalking" means conduct described by Section
42.072, Penal Code.
SECTION ____. Section 207.045(d), Labor Code, is amended to
read as follows:
(d) Notwithstanding any other provision of this section, an
individual who is available to work may not be disqualified for
benefits because the individual left work because of:
(1) a medically verified illness of the individual or
the individual's minor child;
(2) injury;
(3) disability; [or]
(4) pregnancy; or
(5) an involuntary separation as described by Section
207.046.
SECTION ____. Section 207.046, Labor Code, is amended to
read as follows:
Sec. 207.046. INVOLUNTARY SEPARATION. (a) An individual
is not disqualified for benefits under this subchapter if:
(1) the work-related reason for the individual's
separation from employment was urgent, compelling, and necessary so
as to make the separation involuntary; or
(2) the individual leaves the workplace to protect the
individual from family violence or stalking as evidenced by:
(A) an active or recently issued protective order
documenting family violence against, or the stalking of, the
employee or the potential for family violence against, or the
stalking of, the employee;
(B) a police record documenting family violence
against, or the stalking of, the employee;
(C) a physician's statement or other medical
documentation of family violence against the employee; or
(D) a statement from a licensed professional
counselor, social worker, or other medical professional, a member
of the clergy, an attorney or other legal advocate, a trained staff
member of a family violence center, or another professional who has
assisted the employee in addressing the effects of family violence
against, or the stalking of, the employee or the employee's family.
(b) Except as provided by law, evidence regarding an
employee described by Subsection (a)(2) may not be disclosed to any
person without the consent of the employee.
(c) In this section:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Stalking" means conduct described by Section
42.072, Penal Code.
SECTION ____. The changes in law made by this Act to
Sections 204.022, 207.045(d), and 207.046, Labor Code, apply only
to eligibility for unemployment compensation benefits based on an
unemployment compensation claim that is filed with the Texas
Workforce Commission on or after the effective date of this Act. A
claim filed before the effective date of this Act is governed by the
law in effect on the date the claim was filed, and the former law is
continued in effect for that purpose.