82R2083 KCR-F
 
  By: Zaffirini S.B. No. 314
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unemployment compensation eligibility and chargebacks
  regarding certain persons who are victims or whose immediate family
  members are victims of sexual assault.
         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;
               (8)  was based on a disaster that results in a disaster
  declaration by the governor under Section 418.014, Government Code;
               (9)  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;
               (10)  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;
               (11)  resulted from the employee leaving the employee's
  workplace to protect the employee from family violence or stalking
  or the employee or a member of the employee's immediate family from
  violence related to a sexual assault as evidenced by:
                     (A)  an active or recently issued protective order
  documenting sexual assault of the employee or a member of the
  employee's immediate family or family violence against, or the
  stalking of, the employee or the potential for family violence
  against, or the stalking of, the employee;
                     (B)  a police record documenting sexual assault of
  the employee or a member of the employee's immediate family or
  family violence against, or the stalking of, the employee; or
                     (C)  a physician's statement or other medical
  documentation that describes the sexual assault of the employee or
  a member of the employee's immediate family or family violence
  against the employee that:
                           (i)  is recorded in any form or medium that
  identifies the employee or member of the employee's immediate
  family, as applicable, as the patient; and
                           (ii)  relates to the history, diagnosis,
  treatment, or prognosis of the patient;
               (12)  resulted from a move from the area of the
  employee's employment that:
                     (A)  was made with the employee's spouse who is a
  member of the armed forces of the United States; and
                     (B)  resulted from the spouse's permanent change
  of station of longer than 120 days or a tour of duty of longer than
  one year;
               (13)  was caused by the employee being unable to
  perform the work as a result of a disability for which the employee
  is receiving disability insurance benefits under 42 U.S.C. Section
  423; or
               (14)  resulted from the employee leaving the employee's
  workplace to care for the employee's terminally ill spouse as
  evidenced by a physician's statement or other medical
  documentation, but only if no reasonable, alternative care was
  available.
         SECTION 2.  Section 204.022(d), Labor Code, is amended by
  adding Subdivisions (3) and (4) to read as follows:
               (3)  "Immediate family" means an individual's parent,
  spouse, or child under the age of 18.
               (4)  "Sexual assault" means conduct described by
  Section 22.011 or 22.021, Penal Code.
         SECTION 3.  Section 207.046(a), Labor Code, is amended to
  read as follows:
         (a)  An individual is not disqualified for benefits under
  this subchapter if:
               (1)  the work-related reason for the individual's
  separation from employment was urgent, compelling, and necessary so
  as to make the separation involuntary;
               (2)  the individual leaves the workplace to protect the
  individual from family violence or stalking or the employee or a
  member of the employee's immediate family from violence related to
  a sexual assault as evidenced by:
                     (A)  an active or recently issued protective order
  documenting sexual assault of the employee or a member of the
  employee's immediate family or family violence against, or the
  stalking of, the employee or the potential for family violence
  against, or the stalking of, the employee;
                     (B)  a police record documenting sexual assault of
  the employee or a member of the employee's immediate family or
  family violence against, or the stalking of, the employee; or
                     (C)  a physician's statement or other medical
  documentation that describes the sexual assault of the employee or
  a member of the employee's immediate family or family violence
  against the employee that:
                           (i)  is recorded in any form or medium that
  identifies the employee or member of the employee's immediate
  family, as applicable, as the patient; and
                           (ii)  relates to the history, diagnosis,
  treatment, or prognosis of the patient; or
               (3)  the individual leaves the workplace to care for
  the individual's terminally ill spouse as evidenced by a
  physician's statement or other medical documentation, but only if
  no reasonable, alternative care was available.
         SECTION 4.  Section 207.046(c), Labor Code, is amended by
  adding Subdivisions (3) and (4) to read as follows:
               (3)  "Immediate family" means an individual's parent,
  spouse, or child under the age of 18.
               (4)  "Sexual assault" means conduct described by
  Section 22.011 or 22.021, Penal Code.
         SECTION 5.  The changes in law made by this Act apply only to
  eligibility for unemployment compensation benefits based on an
  unemployment compensation claim that is filed with the Texas
  Workforce Commission on or after the effective date of this Act. A
  claim filed before the effective date of this Act 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 6.  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, 2011.