82R7111 KCR-F
By: Lucio, Ellis S.B. No. 1006
A BILL TO BE ENTITLED
AN ACT
relating to unemployment compensation modernization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 201, Labor Code, is
amended by adding Section 201.013 to read as follows:
Sec. 201.013. DEFINITION OF BASE PERIOD; ALTERNATE BASE
PERIODS. (a) For purposes of this subtitle and subject to this
section, an individual's base period is the four consecutive
completed calendar quarters, prescribed by the commission, in the
five consecutive completed calendar quarters preceding the first
day of an individual's benefit year.
(b) For an individual precluded because of a medically
verifiable illness or injury from working during a major part of a
calendar quarter of the period that would otherwise be the
individual's base period under Subsection (a), the base period is
the first four calendar quarters of the five consecutive calendar
quarters preceding the calendar quarter in which the illness began
or the injury occurred if the individual files an initial claim for
benefits not later than 24 months after the date on which the
individual's illness or injury began or occurred.
(c) For an individual who does not have sufficient benefit
wage credits to qualify for benefits under the computation of the
base period as provided by Subsection (a) or (b), the base period is
the four most recently completed calendar quarters preceding the
first day of the individual's benefit year.
SECTION 2. Sections 204.022(a), (c), and (d), Labor Code,
are 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 as evidenced by:
(A) an active or recently issued protective order
documenting [family violence against, or] the stalking of[,] the
employee or the potential for [family violence against, or] the
stalking of[,] the employee; or
(B) a police record documenting [family violence
against, or] the stalking of[,] the employee[; or
[(C) a physician's statement or other medical
documentation that describes the family violence against the
employee that:
[(i) is recorded in any form or medium that
identifies the employee as the patient; and
[(ii) relates to the history, diagnosis,
treatment, or prognosis of the patient];
(12) resulted from the employee leaving the employee's
workplace to protect the employee from family violence, as
evidenced by reasonable and confidential documentation, that
causes the employee reasonably to believe that the employee's
continued employment would jeopardize the safety of the employee or
of any member of the employee's immediate family;
(13) 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];
(B) is to a location from which it is impractical
for the individual to commute; and
(C) is due to a change in the location of the
spouse's employment [(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];
(14) [(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
(15) [(14)] resulted from the employee leaving the
employee's workplace because of the illness or disability of a
member of the employee's immediate family [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].
(c) Except as provided by law, evidence regarding an
employee described by Subsection (a)(11) or (12) may not be
disclosed to any person without the consent of the employee.
(d) For purposes of Subsections [Subsection] (a)(11), (12),
and (15):
(1) "Disability" means a verified disability that
necessitates the care of an ill person by an employee for a period
longer than the employer is willing to grant leave to the employee.
The term includes a mental or physical disability, a permanent or
temporary disability, and a partial or total disability.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Illness" means a verified illness that
necessitates the care of an ill person by the employee for a period
longer than the employer is willing to grant leave to the employee.
(4) "Member of the employee's immediate family" means
a spouse, a parent, or a minor child under the age of 18.
(5) "Reasonable documentation" includes:
(A) a statement supporting recent family
violence from a qualified professional from whom the employee has
sought assistance, including a counselor, shelter worker, member of
the clergy, attorney, or health care worker;
(B) an active or recently issued protective order
documenting:
(i) family violence against the employee or
any member of the employee's immediate family; or
(ii) the potential for family violence
against the employee or any member of the employee's immediate
family; or
(C) a police record documenting family violence
against the employee or any member of the employee's immediate
family.
(6) [(2)] "Stalking" means conduct described by
Section 42.072, Penal Code.
SECTION 3. Section 207.021, Labor Code, is amended by
adding Subsection (d) to read as follows:
(d) An individual is available for work for purposes of
Subsection (a)(4) even if the individual is seeking and available
only for part-time work. For purposes of this subsection,
"part-time work" means employment of at least 20 hours per week.
SECTION 4. Sections 207.045(c) and (d), Labor Code, are
amended to read as follows:
(c) Notwithstanding any other provision of
[Disqualification for benefits under] this section, [for] an
individual who left work to accompany [move with] the individual's
spouse is not disqualified for benefits if the move is:
(1) to a location from which it is impractical for the
individual to commute; and
(2) due to a change in the location of the spouse's
employment [from the area where the individual worked continues for
not less than six benefit periods and not more than 25 benefit
periods following the filing of a valid claim as determined by the
commission according to the circumstances of the case].
(d) Notwithstanding any other provision of this section, an
individual who is available to work may not be disqualified for
benefits because the individual left work because of:
(1) a medically verified illness of the individual [or
the individual's minor child];
(2) injury;
(3) disability;
(4) pregnancy; or
(5) an involuntary separation as described by Section
207.046[; or
[(6) a move from the area of the individual's
employment that:
[(A) was made with the individual'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].
SECTION 5. Section 207.046, Labor Code, is amended to read
as follows:
Sec. 207.046. INVOLUNTARY SEPARATION. (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 as evidenced by:
(A) an active or recently issued protective order
documenting [family violence against, or] the stalking of[,] the
employee or the potential for [family violence against, or] the
stalking of[,] the employee; or
(B) a police record documenting [family violence
against, or] the stalking of[,] the employee; [or
[(C) a physician's statement or other medical
documentation that describes the family violence against the
employee that:
[(i) is recorded in any form or medium that
identifies the employee as the patient; and
[(ii) relates to the history, diagnosis,
treatment, or prognosis of the patient; or]
(3) the individual's separation from employment was
due to the illness or disability of a member of the individual's
immediate family; or
(4) the individual's separation from employment was
due to family violence, verified by reasonable and confidential
documentation, that causes the individual reasonably to believe
that the individual's continued employment would jeopardize the
safety of the individual or of any member of the individual's
immediate family [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].
(b) Except as provided by law, evidence regarding an
employee described by Subsection (a)(2) or (4) may not be disclosed
to any person without the consent of the employee.
(c) In this section, "disability," "family violence,"
"illness," "member of the employee's immediate family,"
"reasonable documentation," and "stalking" have the meanings
assigned those terms by Section 204.022(d)[:
[(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
[(2) "Stalking" means conduct described by Section
42.072, Penal Code].
SECTION 6. Section 207.047, Labor Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) An individual is not disqualified for benefits under
this section if the individual is seeking and available only for
part-time work. For purposes of this subsection, "part-time work"
means employment of at least 20 hours per week.
SECTION 7. Section 208.002, Labor Code, is amended to read
as follows:
Sec. 208.002. [NOTICE OF] INITIAL CLAIM; LAST WORK.
(a) When used in connection with an initial claim, "last work" and
"person for whom the claimant last worked" refer to:
(1) the last person for whom the claimant actually
worked, if the claimant worked for that person for at least 30 hours
during a week; or
(2) the employer, as defined by Subchapter C, Chapter
201, or by the unemployment law of any other state, for whom the
claimant last worked.
(b) The commission shall mail a notice of the filing of an
initial claim to the person for whom the claimant last worked before
the effective date of the initial claim. If the person for whom the
claimant last worked has more than one branch or division operating
at different locations, the commission shall mail the notice to the
branch or division at which the claimant last worked.
(c) [(b)] Mailing of a notice under this section to the
correct address of the person, branch, or division for which the
claimant last worked constitutes notice of the claim to the person.
SECTION 8. The following laws are repealed:
(1) Section 201.011(1), Labor Code; and
(2) Section 207.045(e), Labor Code.
SECTION 9. (a) Not earlier than January 1, 2012, the
governor shall appoint a Task Force on Unemployment Compensation
Reform. The nine-member task force shall be comprised of the
following:
(1) a person representing large businesses or chambers
of commerce in this state;
(2) a person representing small businesses in this
state;
(3) a person representing organized labor;
(4) a recognized state or national expert on
unemployment insurance financing and eligibility;
(5) a person representing low-wage or unemployed
workers in this state;
(6) a recognized expert from the field of economics
and labor market analysis;
(7) a person with experience in workforce development
and training programs;
(8) a person appointed by the lieutenant governor; and
(9) a person appointed by the speaker of the house of
representatives.
(b) Representatives from the office of the governor, Texas
Workforce Commission, Legislative Budget Board, house of
representatives, senate, and the comptroller of public accounts
shall advise the members of the Task Force on Unemployment
Compensation Reform.
(c) The charge of the Task Force on Unemployment
Compensation Reform is to study the administration, financing, and
benefit eligibility relating to the Texas Unemployment
Compensation Act, Chapter 201, Labor Code. The task force shall:
(1) identify best practices in the financing of state
unemployment insurance funds, including the taxable wage base,
statutory floor and ceiling, and surplus credits;
(2) identify best practices in the administration of
state unemployment insurance systems, including technological
improvements;
(3) identify methods to reduce waste, fraud, and abuse
in unemployment claims and eligibility; and
(4) examine the advantages and disadvantages of
modernizing unemployment insurance eligibility under the
Assistance for Unemployed Workers and Struggling Families Act,
Title II of Division B of Public Law No. 111-5, enacted February 17,
2009.
(d) The Task Force on Unemployment Compensation Reform
shall identify findings and make recommendations to the Texas
Workforce Commission not later than January 1, 2014. At that time,
the commission shall determine whether any of the unemployment
insurance compensation reforms required under the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) warrant
continuation.
SECTION 10. The provisions of Chapters 201, 204, and 207,
Labor Code, amended by this Act remain in effect and are not subject
to discontinuation throughout the period federal funding is
provided to the Texas Workforce Commission to carry out the
implementation and administration of those provisions.
Notwithstanding any conflicting interpretations made by the courts
or by the United States Department of Labor of what constitutes
permanent law, the provisions of Chapters 201, 204, and 207, Labor
Code, amended by this Act will not extend beyond the period that
federal funding received by this state under the Assistance for
Unemployed Workers and Struggling Families Act, Title II of
Division B of Pub. L. No. 111-5, enacted February 17, 2009, has been
exhausted in implementing and administering the provisions of
Chapters 201, 204, and 207, Labor Code, amended by this Act. Once
that federal funding has been exhausted for implementing and
administering the provisions of Chapters 201, 204, and 207, Labor
Code, amended by this Act, the Texas Workforce Commission shall
inform the governor and legislature. Immediately thereafter, the
provisions of Chapters 201, 204, and 207, Labor Code, as amended by
this Act, revert to the language of those provisions as they existed
immediately before amendment by this Act.
SECTION 11. This Act applies only to eligibility for
unemployment compensation benefits based on a 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 12. Except as otherwise provided by this Act, 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, except as otherwise provided by this Act.