By:  Hodge                                                        H.B. No. 1245

Substitute the following for H.B. No. 1245:                                   

By:  Homer                                                    C.S.H.B. No. 1245


A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for unemployment benefits of individuals who are unemployed due to certain labor disputes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 207.048, Labor Code, is amended by amending Subsections (a) and (b) and adding Subsection (g) to read as follows: (a) An individual is disqualified for benefits for a benefit period in which the individual's total or partial unemployment is caused by[: [(1)] the individual's stoppage of work because of a labor dispute at the factory, establishment, or other premises where the individual is or was last employed[; or [(2) a labor dispute at another place that: [(A) is owned or operated by the same employing unit that owns or operates the premises where the individual is or was last employed; and [(B) supplies material or services necessary to the continued and usual operation of the premises where the individual is or was last employed]. (b) Disqualification for benefits under this section does not apply to an individual who shows to the satisfaction of the commission that the individual: (1) is not participating in, financing, or directly interested in the labor dispute; [and] (2) does not belong to a grade or class of workers any members of which were employed at the premises of the labor dispute immediately before the beginning of the labor dispute and any of whom are participating in, financing, or directly interested in the dispute; or (3) has been placed on emergency leave without pay by the individual's employer. (g) For the purposes of Subsection (b), the payment of regular union dues by an individual does not constitute financing a labor dispute. 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.