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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for unemployment compensation for |
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employees who leave the workplace due to sexual harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 207.046(a), Labor Code, is amended to |
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read as follows: |
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(a) An individual is not disqualified for benefits under |
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this subchapter if: |
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(1) the work-related reason for the individual's |
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separation from employment was urgent, compelling, and necessary so |
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as to make the separation involuntary; |
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(2) the individual leaves the workplace to protect the |
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individual from family violence or stalking or the individual or a |
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member of the individual's immediate family from violence related |
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to a sexual assault as evidenced by: |
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(A) an active or recently issued protective order |
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documenting sexual assault of the individual or a member of the |
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individual's immediate family or family violence against, or the |
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stalking of, the individual or the potential for family violence |
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against, or the stalking of, the individual; |
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(B) a police record documenting sexual assault of |
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the individual or a member of the individual's immediate family or |
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family violence against, or the stalking of, the individual; |
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(C) a physician's statement or other medical |
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documentation that describes the sexual assault of the individual |
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or a member of the individual's immediate family or family violence |
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against the individual that: |
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(i) is recorded in any form or medium that |
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identifies the individual or member of the individual's immediate |
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family, as applicable, as the patient; and |
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(ii) relates to the history, diagnosis, |
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treatment, or prognosis of the patient; or |
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(D) written documentation from a family violence |
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center or rape crisis center that describes the sexual assault of |
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the individual or a member of the individual's immediate family or |
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family violence against the individual; |
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(3) the individual leaves the workplace to care for |
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the individual's terminally ill spouse as evidenced by a |
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physician's statement or other medical documentation, but only if |
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no reasonable, alternative care was available; [or] |
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(4) the individual's separation from employment was |
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caused by the individual being called to provide: |
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(A) service in the uniformed services, as defined |
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by 38 U.S.C. Section 4303; or |
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(B) service in the Texas military forces, as |
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defined by Section 437.001, Government Code; or |
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(5) the individual leaves the workplace because of |
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sexual harassment, but only if the individual: |
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(A) reported the sexual harassment to: |
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(i) the individual's employer; or |
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(ii) a law enforcement agency; or |
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(B) filed a sexual harassment complaint with the |
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commission under Chapter 21 or with the federal Equal Employment |
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Opportunity Commission. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for unemployment compensation benefits filed with the |
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Texas Workforce Commission on or after the effective date of this |
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Act. A claim filed before the effective date of this Act is |
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governed by the law in effect on the date the claim was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |