By: Powell, Blanco S.B. No. 818
Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to unemployment compensation eligibility and chargebacks
regarding certain persons separated from employment due to being
called to military service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 204.022(a), Labor Code, is 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
or the employee or a member of the employee's immediate family from
violence related to a sexual assault as evidenced by:
(A) an active or recently issued protective order
documenting sexual assault of the employee or a member of the
employee's immediate family or family violence against, or the
stalking of, the employee or the potential for family violence
against, or the stalking of, the employee;
(B) a police record documenting sexual assault of
the employee or a member of the employee's immediate family or
family violence against, or the stalking of, the employee;
(C) a physician's statement or other medical
documentation that describes the sexual assault of the employee or
a member of the employee's immediate family or family violence
against the employee that:
(i) is recorded in any form or medium that
identifies the employee or member of the employee's immediate
family, as applicable, as the patient; and
(ii) relates to the history, diagnosis,
treatment, or prognosis of the patient; or
(D) written documentation from a family violence
center or rape crisis center that describes the sexual assault of
the employee or a member of the employee's immediate family or
family violence against the employee;
(12) 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; 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;
(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;
(14) resulted from the employee leaving the employee's
workplace 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;
(15) was caused by the employer's reinstatement of a
qualified uniformed service member with reemployment rights and
benefits and other employment benefits in accordance with the
Uniformed Services Employment and Reemployment Rights Act of 1994
(38 U.S.C. Section 4301 et seq.); [or]
(16) was caused by the employee being called to
provide service in the uniformed services, as defined by 38 U.S.C.
Section 4303, or in the Texas military forces, as defined by Section
437.001, Government Code, unless the employer has been found to be
in violation of reemployment provisions of the Uniformed Services
Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
4301 et seq.) or Section 437.204, Government Code, with respect to
the employee; or
(17) was due to a reason that:
(A) constitutes an involuntary separation under
Section 207.046(a)(1); and
(B) does not constitute good cause connected with
the employee's work under Section 207.045 for the employee to
voluntarily leave the employment.
SECTION 2. Section 207.046(a), Labor Code, is amended to
read as follows:
(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 or the individual or a
member of the individual's immediate family from violence related
to a sexual assault as evidenced by:
(A) an active or recently issued protective order
documenting sexual assault of the individual or a member of the
individual's immediate family or family violence against, or the
stalking of, the individual or the potential for family violence
against, or the stalking of, the individual;
(B) a police record documenting sexual assault of
the individual or a member of the individual's immediate family or
family violence against, or the stalking of, the individual;
(C) a physician's statement or other medical
documentation that describes the sexual assault of the individual
or a member of the individual's immediate family or family violence
against the individual that:
(i) is recorded in any form or medium that
identifies the individual or member of the individual's immediate
family, as applicable, as the patient; and
(ii) relates to the history, diagnosis,
treatment, or prognosis of the patient; or
(D) written documentation from a family violence
center or rape crisis center that describes the sexual assault of
the individual or a member of the individual's immediate family or
family violence against the individual; [or]
(3) the 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; or
(4) the individual's separation from employment was
caused by the individual being called to provide:
(A) service in the uniformed services, as defined
by 38 U.S.C. Section 4303; or
(B) service in the Texas military forces, as
defined by Section 437.001, Government Code.
SECTION 3. The changes in law made by this Act do not affect
any reemployment rights and benefits or other employment benefits
to which an employee may be entitled in accordance with the
Uniformed Services Employment and Reemployment Rights Act of 1994
(38 U.S.C. Section 4301 et seq.).
SECTION 4. The changes in law made by this Act apply only to
eligibility for unemployment compensation benefits based on an
unemployment compensation 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 5. This Act takes effect September 1, 2021.