Texas 2021 - 87th Regular

Texas House Bill HB3704 Compare Versions

Only one version of the bill is available at this time.
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11 87R3720 RDS-D
22 By: Hernandez H.B. No. 3704
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to eligibility for unemployment compensation for
88 employees who leave the workplace due to sexual harassment.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 207.046(a), Labor Code, is amended to
1111 read as follows:
1212 (a) An individual is not disqualified for benefits under
1313 this subchapter if:
1414 (1) the work-related reason for the individual's
1515 separation from employment was urgent, compelling, and necessary so
1616 as to make the separation involuntary;
1717 (2) the individual leaves the workplace to protect the
1818 individual from family violence or stalking or the individual or a
1919 member of the individual's immediate family from violence related
2020 to a sexual assault as evidenced by:
2121 (A) an active or recently issued protective order
2222 documenting sexual assault of the individual or a member of the
2323 individual's immediate family or family violence against, or the
2424 stalking of, the individual or the potential for family violence
2525 against, or the stalking of, the individual;
2626 (B) a police record documenting sexual assault of
2727 the individual or a member of the individual's immediate family or
2828 family violence against, or the stalking of, the individual;
2929 (C) a physician's statement or other medical
3030 documentation that describes the sexual assault of the individual
3131 or a member of the individual's immediate family or family violence
3232 against the individual that:
3333 (i) is recorded in any form or medium that
3434 identifies the individual or member of the individual's immediate
3535 family, as applicable, as the patient; and
3636 (ii) relates to the history, diagnosis,
3737 treatment, or prognosis of the patient; or
3838 (D) written documentation from a family violence
3939 center or rape crisis center that describes the sexual assault of
4040 the individual or a member of the individual's immediate family or
4141 family violence against the individual; [or]
4242 (3) the individual leaves the workplace to care for
4343 the individual's terminally ill spouse as evidenced by a
4444 physician's statement or other medical documentation, but only if
4545 no reasonable, alternative care was available; or
4646 (4) the individual leaves the workplace because of
4747 sexual harassment, but only if the individual:
4848 (A) reported the sexual harassment to:
4949 (i) the individual's employer; or
5050 (ii) a law enforcement agency; or
5151 (B) filed a sexual harassment complaint with the
5252 commission under Chapter 21 or with the federal Equal Employment
5353 Opportunity Commission.
5454 SECTION 2. The change in law made by this Act applies only
5555 to a claim for unemployment compensation benefits filed with the
5656 Texas Workforce Commission on or after the effective date of this
5757 Act. A claim filed before the effective date of this Act is
5858 governed by the law in effect on the date the claim was filed, and
5959 the former law is continued in effect for that purpose.
6060 SECTION 3. This Act takes effect September 1, 2021.