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78R1028 JMM-D

By:  Chavez                                                       H.B. No. 105



A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of certain victims of family violence 
for unemployment compensation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 204.022, Labor Code, is amended by 
amending Subsection (a) and adding Subsection (c) 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's reasonable belief 
that the employee was required to leave the employee's workplace to 
protect the employee from family violence or stalking.
	(c)  For purposes of Subsection (a)(9):                                 
		(1)  "Family violence" has the meaning assigned by 
Section 71.004, Family Code; and
		(2)  "Stalking" means conduct described by Section 
42.072, Penal Code.
	SECTION 2.  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 3.  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 because the 
individual reasonably believes that the individual must leave the 
workplace to protect the individual from family violence or 
stalking.
	(b)  In this section:                                                   
		(1)  "Family violence" has the meaning assigned by 
Section 71.004, Family Code; and
		(2)  "Stalking" means conduct described by Section 
42.072, Penal Code.
	SECTION 4.  This Act applies 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.
	SECTION 5.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.