78R3152 PB-D

By:  Lucio                                                        S.B. No. 1190



A BILL TO BE ENTITLED

AN ACT

relating to an exclusion from unemployment compensation 
chargebacks based on a separation from employment caused by certain 
disasters.
	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 based on a disaster that results in a disaster 
declaration by the governor under Section 418.014, Government Code.
	SECTION 2.  This Act applies only to a claim for unemployment 
compensation benefits that is filed with the Texas Workforce 
Commission on or after the effective date of this Act.  A claim 
filed before that date 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 3.  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.