79R7235 PB-F

By:  Ritter                                                       H.B. No. 1939



A BILL TO BE ENTITLED

AN ACT

relating to certain disqualifications for unemployment 
compensation benefits for assigned employees of staff leasing 
services companies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 91, Labor Code, is amended 
by adding Section 91.0445 to read as follows:
	Sec. 91.0445.  REQUIRED NOTICE.  (a)  A staff leasing 
services company must provide the written notice required under 
Section 207.045(i)(1) in a separate document that complies with the 
requirements of this section, a copy of which must be provided to 
the assigned employee.  The document must be signed by the assigned 
employee.
	(b)  The document must:                                                 
		(1)  be in bold-faced type, capital letters, 
underlined, or otherwise set out from accompanying written material 
so as to be conspicuous; and
		(2)  be in substantially the following language:                       
		"You are an employee of (NAME OF STAFF LEASING 
SERVICES COMPANY), a staff leasing services company 
licensed under Chapter 91, Labor Code.  In your 
employment with (NAME OF STAFF LEASING SERVICES 
COMPANY), you may be assigned to work at a client 
company and be supervised, wholly or partly, by the 
employees of that client company. On conclusion of an 
assignment, you remain an employee of (NAME OF STAFF 
LEASING SERVICES COMPANY) and must contact (NAME OF 
STAFF LEASING SERVICES COMPANY) and make yourself 
available for continued employment and assignments.
		"To report your availability for continued 
employment and assignments, you must contact (NAME OF 
STAFF LEASING SERVICES COMPANY) by the end of the next 
business day after the conclusion of an assignment by 
calling the company's Employee Assignment Line at 
(TOLL-FREE TELEPHONE NUMBER), and speaking personally 
to a company placement representative."
	SECTION 2.  Section 207.045(i), Labor Code, is amended to 
read as follows:   
	(i)  An assigned employee of a staff leasing services company 
is considered to have left the assigned employee's last work 
without good cause if the staff leasing services company 
demonstrates that:
		(1)  at the time the employee's assignment to a client 
company concluded, the staff leasing services company gave written 
notice as provided by Section 91.0445 and instructions to the 
assigned employee to contact the staff leasing services company for 
a new assignment [on termination of assignment at a client 
company]; and
		(2)  the assigned employee did not contact the staff 
leasing services company regarding reassignment or continued 
employment; provided that the assigned employee may show that good 
cause existed for the assigned employee's failure to contact the 
staff leasing services company.
	SECTION 3.  The change in law made by 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 that the claim was filed, and the former law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.