Texas 2013 - 83rd Regular

Texas House Bill HB1550 Compare Versions

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1	1	By: Bell (Senate Sponsor - Van de Putte) H.B. No. 1550
2	2	(In the Senate - Received from the House April 15, 2013;
3	3	April 16, 2013, read first time and referred to Committee on
4	4	Economic Development; April 29, 2013, reported favorably by the
5	5	following vote: Yeas 7, Nays 0; April 29, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to unemployment compensation chargebacks regarding
11	11	certain persons who are involuntarily separated from employment.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 204.022(a), Labor Code, is amended to
14	14	read as follows:
15	15	(a) Benefits computed on benefit wage credits of an employee
16	16	or former employee may not be charged to the account of an employer
17	17	if the employee's last separation from the employer's employment
18	18	before the employee's benefit year:
19	19	(1) was required by a federal statute;
20	20	(2) was required by a statute of this state or an
21	21	ordinance of a municipality of this state;
22	22	(3) would have disqualified the employee under Section
23	23	207.044, 207.045, 207.051, or 207.053 if the employment had been
24	24	the employee's last work;
25	25	(4) imposes a disqualification under Section 207.044,
26	26	207.045, 207.051, or 207.053;
27	27	(5) was caused by a medically verifiable illness of
28	28	the employee or the employee's minor child;
29	29	(6) was based on a natural disaster that results in a
30	30	disaster declaration by the president of the United States under
31	31	the Robert T. Stafford Disaster Relief and Emergency Assistance Act
32	32	(42 U.S.C. Section 5121 et seq.), if the employee would have been
33	33	entitled to unemployment assistance benefits under Section 410 of
34	34	that act (42 U.S.C. Section 5177) had the employee not received
35	35	state unemployment compensation benefits;
36	36	(7) was caused by a natural disaster, fire, flood, or
37	37	explosion that causes employees to be separated from one employer's
38	38	employment;
39	39	(8) was based on a disaster that results in a disaster
40	40	declaration by the governor under Section 418.014, Government Code;
41	41	(9) resulted from the employee's resigning from
42	42	partial employment to accept other employment that the employee
43	43	reasonably believed would increase the employee's weekly wage;
44	44	(10) was caused by the employer being called to active
45	45	military service in any branch of the United States armed forces on
46	46	or after January 1, 2003;
47	47	(11) resulted from the employee leaving the employee's
48	48	workplace to protect the employee from family violence or stalking
49	49	as evidenced by:
50	50	(A) an active or recently issued protective order
51	51	documenting family violence against, or the stalking of, the
52	52	employee or the potential for family violence against, or the
53	53	stalking of, the employee;
54	54	(B) a police record documenting family violence
55	55	against, or the stalking of, the employee; or
56	56	(C) a physician's statement or other medical
57	57	documentation that describes the family violence against the
58	58	employee that:
59	59	(i) is recorded in any form or medium that
60	60	identifies the employee as the patient; and
61	61	(ii) relates to the history, diagnosis,
62	62	treatment, or prognosis of the patient;
63	63	(12) resulted from a move from the area of the
64	64	employee's employment that:
65	65	(A) was made with the employee's spouse who is a
66	66	member of the armed forces of the United States; and
67	67	(B) resulted from the spouse's permanent change
68	68	of station of longer than 120 days or a tour of duty of longer than
69	69	one year;
70	70	(13) was caused by the employee being unable to
71	71	perform the work as a result of a disability for which the employee
72	72	is receiving disability insurance benefits under 42 U.S.C. Section
73	73	423;
74	74	(14) resulted from the employee leaving the employee's
75	75	workplace to care for the employee's terminally ill spouse as
76	76	evidenced by a physician's statement or other medical
77	77	documentation, but only if no reasonable, alternative care was
78	78	available; [or]
79	79	(15) was caused by the employer's reinstatement of a
80	80	qualified uniformed service member with reemployment rights and
81	81	benefits and other employment benefits in accordance with the
82	82	Uniformed Services Employment and Reemployment Rights Act of 1994
83	83	(38 U.S.C. Section 4301 et seq.); or
84	84	(16) was due to a reason that:
85	85	(A) constitutes an involuntary separation under
86	86	Section 207.046(a)(1); and
87	87	(B) does not constitute good cause connected with
88	88	the employee's work under Section 207.045 for the employee to
89	89	voluntarily leave the employment.
90	90	SECTION 2. The change in law made by this Act applies only
91	91	to a claim for unemployment compensation benefits filed with the
92	92	Texas Workforce Commission on or after the effective date of this
93	93	Act. A claim filed before the effective date of this Act is
94	94	governed by the law in effect on the date the claim was filed, and
95	95	the former law is continued in effect for that purpose.
96	96	SECTION 3. This Act takes effect September 1, 2013.
97	97	* * * * *