Texas 2011 - 82nd Regular

Texas Senate Bill SB439 Compare Versions

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1	1	By: Van de Putte S.B. No. 439
2	2	(Sheets)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an exclusion from unemployment compensation
8	8	chargebacks for certain employers of uniformed service members.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 204.022, Labor Code, is
11	11	amended to read as follows:
12	12	(a) Benefits computed on benefit wage credits of an employee
13	13	or former employee may not be charged to the account of an employer
14	14	if the employee's last separation from the employer's employment
15	15	before the employee's benefit year:
16	16	(1) was required by a federal statute;
17	17	(2) was required by a statute of this state or an
18	18	ordinance of a municipality of this state;
19	19	(3) would have disqualified the employee under Section
20	20	207.044, 207.045, 207.051, or 207.053 if the employment had been
21	21	the employee's last work;
22	22	(4) imposes a disqualification under Section 207.044,
23	23	207.045, 207.051, or 207.053;
24	24	(5) was caused by a medically verifiable illness of
25	25	the employee or the employee's minor child;
26	26	(6) was based on a natural disaster that results in a
27	27	disaster declaration by the president of the United States under
28	28	the Robert T. Stafford Disaster Relief and Emergency Assistance Act
29	29	(42 U.S.C. Section 5121 et seq.), if the employee would have been
30	30	entitled to unemployment assistance benefits under Section 410 of
31	31	that act (42 U.S.C. Section 5177) had the employee not received
32	32	state unemployment compensation benefits;
33	33	(7) was caused by a natural disaster, fire, flood, or
34	34	explosion that causes employees to be separated from one employer's
35	35	employment;
36	36	(8) was based on a disaster that results in a disaster
37	37	declaration by the governor under Section 418.014, Government Code;
38	38	(9) resulted from the employee's resigning from
39	39	partial employment to accept other employment that the employee
40	40	reasonably believed would increase the employee's weekly wage;
41	41	(10) was caused by the employer being called to active
42	42	military service in any branch of the United States armed forces on
43	43	or after January 1, 2003;
44	44	(11) resulted from the employee leaving the employee's
45	45	workplace to protect the employee from family violence or stalking
46	46	as evidenced by:
47	47	(A) an active or recently issued protective order
48	48	documenting family violence against, or the stalking of, the
49	49	employee or the potential for family violence against, or the
50	50	stalking of, the employee;
51	51	(B) a police record documenting family violence
52	52	against, or the stalking of, the employee; or
53	53	(C) a physician's statement or other medical
54	54	documentation that describes the family violence against the
55	55	employee that:
56	56	(i) is recorded in any form or medium that
57	57	identifies the employee as the patient; and
58	58	(ii) relates to the history, diagnosis,
59	59	treatment, or prognosis of the patient;
60	60	(12) resulted from a move from the area of the
61	61	employee's employment that:
62	62	(A) was made with the employee's spouse who is a
63	63	member of the armed forces of the United States; and
64	64	(B) resulted from the spouse's permanent change
65	65	of station of longer than 120 days or a tour of duty of longer than
66	66	one year;
67	67	(13) was caused by the employee being unable to
68	68	perform the work as a result of a disability for which the employee
69	69	is receiving disability insurance benefits under 42 U.S.C. Section
70	70	423; [or]
71	71	(14) resulted from the employee leaving the employee's
72	72	workplace to care for the employee's terminally ill spouse as
73	73	evidenced by a physician's statement or other medical
74	74	documentation, but only if no reasonable, alternative care was
75	75	available; or
76	76	(15) was caused by the employer's reinstatement of a
77	77	qualified uniformed service member with reemployment rights and
78	78	benefits and other employment benefits in accordance with the
79	79	Uniformed Services Employment and Reemployment Rights Act of 1994
80	80	(38 U.S.C. Section 4301 et seq.).
81	81	SECTION 2. Subsection (a), Section 204.022, Labor Code, as
82	82	amended by this Act, applies only to a claim for unemployment
83	83	compensation benefits filed with the Texas Workforce Commission on
84	84	or after the effective date of this Act. A claim filed before that
85	85	date is governed by the law in effect on the date the claim was
86	86	filed, and the former law is continued in effect for that purpose.
87	87	SECTION 3. This Act takes effect September 1, 2011.