| 1 | 1 | | 87R1187 RDS-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 2130 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the determination of whether work is suitable for an |
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| 8 | 8 | | individual for the purpose of determining the individual's |
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| 9 | 9 | | unemployment compensation benefit eligibility. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 207.008(b), Labor Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Notwithstanding any other provision of this subtitle, |
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| 14 | 14 | | work is not suitable and benefits may not be denied under this |
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| 15 | 15 | | subtitle to an otherwise eligible individual for refusal to accept |
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| 16 | 16 | | new work if: |
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| 17 | 17 | | (1) the position offered is vacant directly because of |
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| 18 | 18 | | a strike, lockout, or other labor dispute; |
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| 19 | 19 | | (2) the wages, hours, or other conditions of the work |
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| 20 | 20 | | offered are substantially less favorable to the individual than |
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| 21 | 21 | | those prevailing for similar work in the locality; [or] |
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| 22 | 22 | | (3) as a condition of being employed, the individual |
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| 23 | 23 | | is required to join a company union or to resign from or refrain |
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| 24 | 24 | | from joining a bona fide labor organization; |
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| 25 | 25 | | (4) the place of performance of the work offered is in |
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| 26 | 26 | | violation of federal, state, or local protocols relating to the |
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| 27 | 27 | | spread of infectious diseases, including COVID-19; or |
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| 28 | 28 | | (5) the work offered presents an unreasonable risk of |
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| 29 | 29 | | exposure to infectious diseases, including COVID-19, that cannot be |
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| 30 | 30 | | mitigated with reasonable care. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a claim for unemployment compensation benefits filed with the |
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| 33 | 33 | | Texas Workforce Commission on or after the effective date of this |
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| 34 | 34 | | Act. A claim filed before the effective date of this Act is governed |
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| 35 | 35 | | by the law in effect on the date the claim was filed, and the former |
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| 36 | 36 | | law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2021. |
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