Texas 2009 - 81st Regular

Texas Senate Bill SB1569 Compare Versions

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1	1	By: Eltife S.B. No. 1569
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to unemployment compensation modernization.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 201.011(1), Labor Code, is repealed.
9	9	SECTION 2. Subchapter B, Chapter 201, Labor Code, is
10	10	amended by adding Section 201.013 to read as follows:
11	11	Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATE BASE
12	12	PERIODS. (a) For purposes of this subtitle and subject to this
13	13	section, an individual's base period is the four consecutive
14	14	completed calendar quarters, prescribed by the commission, in the
15	15	five consecutive completed calendar quarters preceding the first
16	16	day of an individual's benefit year.
17	17	(b) For an individual precluded because of a medically
18	18	verifiable injury or illness from working during a major part of a
19	19	calendar quarter of the period that would otherwise be the
20	20	individual's base period under Subsection (a), the base period is
21	21	the first four calendar quarters of the five consecutive calendar
22	22	quarters preceding the calendar quarter in which the illness began
23	23	or the injury occurred if the individual files an initial claim for
24	24	benefits not later than 24 months after the date on which the
25	25	individual's injury or illness began or occurred.
26	26	(c) For an individual who does not have sufficient benefit
27	27	wage credits to qualify for benefits under the computation of the
28	28	base period as provided by Subsection (a) or (b), the base period is
29	29	the four most recently completed calendar quarters preceding the
30	30	first day of the individual's benefit year.
31	31	SECTION 3. Section 204.022(a), Labor Code, is amended to
32	32	read as follows:
33	33	(a) Benefits computed on benefit wage credits of an employee
34	34	or former employee may not be charged to the account of an employer
35	35	if the employee's last separation from the employer's employment
36	36	before the employee's benefit year:
37	37	(1) was required by a federal statute;
38	38	(2) was required by a statute of this state or an
39	39	ordinance of a municipality of this state;
40	40	(3) would have disqualified the employee under Section
41	41	207.044, 207.045, 027.051, or 207.053;
42	42	(4) imposes a disqualification under Section 207.044,
43	43	207.045, 207.051, or 207.053;
44	44	(5) was caused by a medically verifiable illness of
45	45	the employee [or the employee's minor child];
46	46	(6) was based on a natural disaster that results in a
47	47	disaster declaration by the president of the United States under
48	48	the Robert T. Stafford Disaster Relief and Emergency Assistance Act
49	49	(42 U.S.C. Section 5121 et seq.), if the employee would have been
50	50	entitled to unemployment assistance benefits under Section 410 of
51	51	that act (42 U.S.C. Section 5177) had the employee not received
52	52	state unemployment compensation benefits;
53	53	(7) was caused by a natural disaster, fire, flood, or
54	54	explosion that causes employees to be separated from one employer's
55	55	employment;
56	56	(8) was based on a disaster that results in a disaster
57	57	declaration by the governor under Section 418.014, Government Code;
58	58	(9) resulted from the employee's resigning from
59	59	partial employment to accept other employment that the employee
60	60	reasonable believed would increase the employee's weekly wage;
61	61	(10) was caused by the employer being called to active
62	62	military service in any branch of the United States armed forces on
63	63	or after January 1, 2003;
64	64	(11) resulted from the employee leaving the employee's
65	65	workplace to protect the employee from [family violence or]
66	66	stalking as evidenced by:
67	67	(A) an active or recently issued protective order
68	68	documenting [family violence against, or] the stalking of, the
69	69	employee or the potential for [family violence against, or] the
70	70	stalking of, the employee; or
71	71	(B) a police record documenting [family violence
72	72	against, or] the stalking of, the employee; [or]
73	73	[(C) a physician's statement or other medical
74	74	documentation that describes the family violence against the
75	75	employee that:
76	76	(i) is recorded in any form or medium that
77	77	identifies the employee as the patient; and
78	78	[(ii) relates to the history, diagnosis,
79	79	treatment, or prognosis of the patient;]
80	80	(11-a) was due to family violence, verified by
81	81	reasonable and confidential documentation, which causes the
82	82	employee reasonably to believe that the employee's continued
83	83	employment would jeopardize the safety of the employee or of any
84	84	member of the employee's immediate family;
85	85	(12) [resulted from a move from the area of the
86	86	employee's employment that:
87	87	(A) was made with the employee's spouse who is a
88	88	member of the armed forces of the United States; and
89	89	(B) resulted from the spouse's permanent change
90	90	of station of longer than 120 days or a tour of duty of longer than
91	91	one year;]
92	92	(13) was caused by the employee being unable to
93	93	perform the work as a result of a disability for which the employee
94	94	is receiving disability insurance benefits under 42 U.S.C. Section
95	95	423; or
96	96	(14) was [resulted from the employee leaving the
97	97	employee's workplace] due to [care for] the [employee's terminally]
98	98	illness [spouse as evidenced by a physician's statement] or
99	99	disability of a member of the employee's immediate family [other
100	100	medical documentation, but only if no reasonable, alternative care
101	101	was available].
102	102	(b) For the purpose of this section, if an employee's last
103	103	separation from the employment of an employer is a separation for
104	104	which the employee was determined to have been disqualified under
105	105	Section 207.048, the employee's last separation from the employment
106	106	of that employer is considered to be the next later separation from
107	107	the employment of that employer.
108	108	(c) Except as provided by law, evidence regarding an
109	109	employee described by Subsections (a)(11) and (11-a) may not be
110	110	disclosed to any person without the consent of the employee.
111	111	(d) For purposes of Subsections (a)(11), (11-a) and (14):
112	112	(1) "Family violence" has the meaning assigned by
113	113	Section 71.004, Family Code.
114	114	(2) "Stalking" means conduct described by Section
115	115	42.072, Penal Code.
116	116	(3) "Reasonable documentation" includes:
117	117	(A) a statement supporting recent family
118	118	violence from a qualified professional from whom the employee has
119	119	sought assistance such as a counselor, shelter worker, member of
120	120	the clergy, attorney, or health worker;
121	121	(B) an active or recently issued protective order
122	122	documenting family violence against the employee or any member of
123	123	the employee's immediate family or the potential for family
124	124	violence against the employee or any member of the employee's
125	125	immediate family; or
126	126	(C) a police record documenting family violence
127	127	against the employee or any member of the employee's immediate
128	128	family.
129	129	(4) "Member of the employee's immediate family" means
130	130	a spouse, a parent, or a minor child under the age of 18.
131	131	(5) "Illness" means a verified illness which
132	132	necessitates the care of the ill person for a period of time longer
133	133	than the employer is willing to grant leave.
134	134	(6) "Disability" means a verified disability which
135	135	necessitates the care of the ill person for a period of time longer
136	136	than the employer is willing to grant leave. A disability may be
137	137	mental or physical; permanent or temporary; or partial or total.
138	138	(e) Benefits may not be charged to the account of an
139	139	employer, regardless of whether the liability for the chargeback
140	140	arises in the employee's current benefit year or in a subsequent
141	141	benefit year, if the employee's last separation from the employer's
142	142	employment before the employee's benefit year was or would have
143	143	been excepted from disqualification under Section 207.052(b).
144	144	SECTION 4. Section 207.021, Labor Code, is amended by
145	145	adding Subsection (d) to read as follows:
146	146	(d) An individual is available for work for purposes of
147	147	Subsection (a)(4) even if the individual is available only for
148	148	part-time work. For purposes of this Subsection part-time work is
149	149	at least 20 hours per week.
150	150	SECTION 5. Section 207.045(c), Labor Code, is amended to
151	151	read as follows:
152	152	(c) Notwithstanding any other provision of
153	153	[Disqualification for benefits under] this section, [for] an
154	154	individual who left work to accompany [move with] the individual's
155	155	spouse shall not be disqualified for benefits if the move: [from the
156	156	area where the individual worked continues for not less than six
157	157	benefit periods and not more than 25 benefit periods following the
158	158	filing of a valid claim as determined by the commission according to
159	159	the circumstances of the case.]
160	160	(1) was to a place from which it is impractical for
161	161	such individual to commute; and
162	162	(2) was due to a change in location of the spouse's
163	163	employment.
164	164	SECTION 6. Section 207.045(d), Labor Code, is amended to
165	165	read as follows:
166	166	(d) Notwithstanding any other provision of this section, an
167	167	individual who is available to work may not be disqualified for
168	168	benefits because the individual left work because of:
169	169	(1) a medically verified illness of the individual;
170	170	[or the individual's minor child;]
171	171	(2) injury;
172	172	(3) disability;
173	173	(4) pregnancy; or
174	174	(5) an involuntary separation as described by Section
175	175	207.046.[; or]
176	176	[(6) a move from the area of the individual's
177	177	employment that:
178	178	(A) was made with the individual's spouse who is
179	179	a member of the armed forces of the United States; and
180	180	(B) resulted from the spouse's permanent change
181	181	of station of longer than 120 days or a tour of duty of longer than
182	182	one year.]
183	183	SECTION 7. Section 207.045(e), Labor Code, is repealed.
184	184	SECTION 8. Section 207.046, Labor Code, is amended to read
185	185	as follows:
186	186	(a) An individual is not disqualified for benefits under
187	187	this subchapter if:
188	188	(1) the work-related reason for the individual's
189	189	separation from employment was urgent, compelling, and necessary so
190	190	as to make the separation involuntary.
191	191	(2) the individual leaves the workplace to protect the
192	192	individual from [family violence or] stalking as evidenced by:
193	193	(A) an active or recently issued protective order
194	194	documenting [family violence against, or] the stalking of[,] the
195	195	employee or the potential for [family violence against, or] the
196	196	stalking of[,] the employee;
197	197	(B) a police record documenting [family violence
198	198	against, or] the stalking of[,] the employee; [or]
199	199	[(C) a physician's statement or other medical
200	200	documentation that describes the family violence against the
201	201	employee that:
202	202	(i) is recorded in any form or medium that
203	203	identifies the employee as the patient; and
204	204	(ii) relates to the history, diagnosis,
205	205	treatment , or prognosis of the patient; or]
206	206	(2-a) the individual's separation from employment was
207	207	due to family violence, verified by reasonable and confidential
208	208	documentation, which causes the individual reasonably to believe
209	209	that the individual's continued employment would jeopardize the
210	210	safety of the individual or of any member of the individual's
211	211	immediate family;
212	212	(3) the individual's separation from employment was
213	213	due to the illness or disability of a member of the individual's
214	214	immediate family [leaves the workplace to care for the individual's
215	215	terminally ill spouse as evidenced by a physician's statement or
216	216	other medical documentation, but only of no reasonable, alternative
217	217	care was available].
218	218	(b) Except as provided by law, evidence regarding an
219	219	employee described by Subsections (a) (2) and (2-a) may not be
220	220	disclosed to any person without the consent of the employee.
221	221	(c) In this section:
222	222	(1) "Family violence" has the meaning assigned by
223	223	Section 71.004, Family Code.
224	224	(2) "Stalking" means conduct described by Section
225	225	42.072, Penal Code.
226	226	(3) "Reasonable documentation" includes:
227	227	(A) a statement supporting recent family
228	228	violence from a qualified professional from whom the individual has
229	229	sought assistance such as a counselor, shelter worker, member of
230	230	the clergy, attorney, or health worker;
231	231	(B) an active or recently issued protective order
232	232	documenting family violence against the individual or any member of
233	233	the individual's immediate family or the potential for family
234	234	violence against the individual or any member of the individual's
235	235	immediate family; or
236	236	(C) a police record documenting family violence
237	237	against the individual or any member of the individual's immediate
238	238	family.
239	239	(4) "Member of the individual's immediate family"
240	240	means a spouse, a parent, or a minor child under the age of 18.
241	241	(5) "Illness" means a verified illness which
242	242	necessitates the care of the ill person for a period of time longer
243	243	than the employer is willing to grant leave.
244	244	(6) "Disability" means a verified disability which
245	245	necessitates the care of the ill person for a period of time longer
246	246	than the employer is willing to grant leave. A disability may be
247	247	mental or physical; permanent or temporary; or partial or total.
248	248	SECTION 9. This Act is not subject to discontinuation
249	249	throughout the period federal funding is provided to the commission
250	250	to carry out the implementation and administration of the
251	251	provisions of this Act. Notwithstanding any conflicting
252	252	interpretations made by the courts or by the United States
253	253	Department of Labor of what constitutes permanent law, this Act
254	254	will not extend beyond the period of time that federal funding under
255	255	the Assistance for Unemployed Workers and Struggling Families Act,
256	256	Title II of Division B of Public law No. 111-5, enacted February 17,
257	257	2009, has been exhausted for implementing and administering the
258	258	provisions of this Act. Once federal funding has been exhausted for
259	259	implementing and administering the provisions of this Act, the
260	260	commission shall inform the governor and legislature. Immediately
261	261	thereafter, the provisions relating to unemployment insurance
262	262	coverage revert back to the pre-existing statutes.
263	263	SECTION 10. This Act applies only to eligibility for
264	264	unemployment compensation benefits based on a claim that is filed
265	265	with the Texas Workforce Commission on or after the effective date
266	266	of this Act. A claim filed before the effective date of this Act is
267	267	governed by the law in effect on the date the claim was filed, and
268	268	the former law is continued in effect for that purpose.
269	269	SECTION 11. This Act takes effect immediately if it receives
270	270	a vote of two-thirds of all the members elected to each house, as
271	271	provided by Section 39, Article III, Texas Constitution. If this
272	272	Act does not receive the vote necessary for immediate effect, this
273	273	Act takes effect September 1, 2009.