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By: Telford, et al. (Senate Sponsor-Van de Putte) H.B. No. 1221
(In the Senate - Received from the House April 7, 2003;
April 9, 2003, read first time and referred to Committee on Veteran
Affairs and Military Installations; May 8, 2003, reported
favorably by the following vote: Yeas 3, Nays 0; May 8, 2003, sent
to printer.)
A BILL TO BE ENTITLED
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.
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