H.B. No. 1221




AN ACT
relating to an exclusion from unemployment compensation chargebacks based on a separation from employment resulting from an employer being called to active military duty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 204.022(a), Labor Code, is amended 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) was caused by the employer being called to active military service in any branch of the United States armed forces on or after January 1, 2003. SECTION 2. 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. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1221 was passed by the House on April 3, 2003, by the following vote: Yeas 141, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 1221 was passed by the Senate on May 20, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor