Texas 2021 - 87th Regular

Texas Senate Bill SB818 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 818
	1	+	By: Powell, et al. S.B. No. 818
	2	+	(Turner of Tarrant)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to unemployment compensation eligibility and chargebacks
6	8		regarding certain persons separated from employment due to being
7	9		called to military service.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 204.022(a), Labor Code, is amended to
10	12		read as follows:
11	13		(a) Benefits computed on benefit wage credits of an employee
12	14		or former employee may not be charged to the account of an employer
13	15		if the employee's last separation from the employer's employment
14	16		before the employee's benefit year:
15	17		(1) was required by a federal statute;
16	18		(2) was required by a statute of this state or an
17	19		ordinance of a municipality of this state;
18	20		(3) would have disqualified the employee under Section
19	21		207.044, 207.045, 207.051, or 207.053 if the employment had been
20	22		the employee's last work;
21	23		(4) imposes a disqualification under Section 207.044,
22	24		207.045, 207.051, or 207.053;
23	25		(5) was caused by a medically verifiable illness of
24	26		the employee or the employee's minor child;
25	27		(6) was based on a natural disaster that results in a
26	28		disaster declaration by the president of the United States under
27	29		the Robert T. Stafford Disaster Relief and Emergency Assistance Act
28	30		(42 U.S.C. Section 5121 et seq.), if the employee would have been
29	31		entitled to unemployment assistance benefits under Section 410 of
30	32		that act (42 U.S.C. Section 5177) had the employee not received
31	33		state unemployment compensation benefits;
32	34		(7) was caused by a natural disaster, fire, flood, or
33	35		explosion that causes employees to be separated from one employer's
34	36		employment;
35	37		(8) was based on a disaster that results in a disaster
36	38		declaration by the governor under Section 418.014, Government Code;
37	39		(9) resulted from the employee's resigning from
38	40		partial employment to accept other employment that the employee
39	41		reasonably believed would increase the employee's weekly wage;
40	42		(10) was caused by the employer being called to active
41	43		military service in any branch of the United States armed forces on
42	44		or after January 1, 2003;
43	45		(11) resulted from the employee leaving the employee's
44	46		workplace to protect the employee from family violence or stalking
45	47		or the employee or a member of the employee's immediate family from
46	48		violence related to a sexual assault as evidenced by:
47	49		(A) an active or recently issued protective order
48	50		documenting sexual assault of the employee or a member of the
49	51		employee's immediate family or family violence against, or the
50	52		stalking of, the employee or the potential for family violence
51	53		against, or the stalking of, the employee;
52	54		(B) a police record documenting sexual assault of
53	55		the employee or a member of the employee's immediate family or
54	56		family violence against, or the stalking of, the employee;
55	57		(C) a physician's statement or other medical
56	58		documentation that describes the sexual assault of the employee or
57	59		a member of the employee's immediate family or family violence
58	60		against the employee that:
59	61		(i) is recorded in any form or medium that
60	62		identifies the employee or member of the employee's immediate
61	63		family, as applicable, as the patient; and
62	64		(ii) relates to the history, diagnosis,
63	65		treatment, or prognosis of the patient; or
64	66		(D) written documentation from a family violence
65	67		center or rape crisis center that describes the sexual assault of
66	68		the employee or a member of the employee's immediate family or
67	69		family violence against the employee;
68	70		(12) resulted from a move from the area of the
69	71		employee's employment that:
70	72		(A) was made with the employee's spouse who is a
71	73		member of the armed forces of the United States; and
72	74		(B) resulted from the spouse's permanent change
73	75		of station of longer than 120 days or a tour of duty of longer than
74	76		one year;
75	77		(13) was caused by the employee being unable to
76	78		perform the work as a result of a disability for which the employee
77	79		is receiving disability insurance benefits under 42 U.S.C. Section
78	80		423;
79	81		(14) resulted from the employee leaving the employee's
80	82		workplace to care for the employee's terminally ill spouse as
81	83		evidenced by a physician's statement or other medical
82	84		documentation, but only if no reasonable, alternative care was
83	85		available;
84	86		(15) was caused by the employer's reinstatement of a
85	87		qualified uniformed service member with reemployment rights and
86	88		benefits and other employment benefits in accordance with the
87	89		Uniformed Services Employment and Reemployment Rights Act of 1994
88	90		(38 U.S.C. Section 4301 et seq.); [or]
89	91		(16) was caused by the employee being called to
90	92		provide service in the uniformed services, as defined by 38 U.S.C.
91	93		Section 4303, or in the Texas military forces, as defined by Section
92	94		437.001, Government Code, unless the employer has been found to be
93	95		in violation of reemployment provisions of the Uniformed Services
94	96		Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
95	97		4301 et seq.) or Section 437.204, Government Code, with respect to
96	98		the employee; or
97	99		(17) was due to a reason that:
98	100		(A) constitutes an involuntary separation under
99	101		Section 207.046(a)(1); and
100	102		(B) does not constitute good cause connected with
101	103		the employee's work under Section 207.045 for the employee to
102	104		voluntarily leave the employment.
103	105		SECTION 2. Section 207.046(a), Labor Code, is amended to
104	106		read as follows:
105	107		(a) An individual is not disqualified for benefits under
106	108		this subchapter if:
107	109		(1) the work-related reason for the individual's
108	110		separation from employment was urgent, compelling, and necessary so
109	111		as to make the separation involuntary;
110	112		(2) the individual leaves the workplace to protect the
111	113		individual from family violence or stalking or the individual or a
112	114		member of the individual's immediate family from violence related
113	115		to a sexual assault as evidenced by:
114	116		(A) an active or recently issued protective order
115	117		documenting sexual assault of the individual or a member of the
116	118		individual's immediate family or family violence against, or the
117	119		stalking of, the individual or the potential for family violence
118	120		against, or the stalking of, the individual;
119	121		(B) a police record documenting sexual assault of
120	122		the individual or a member of the individual's immediate family or
121	123		family violence against, or the stalking of, the individual;
122	124		(C) a physician's statement or other medical
123	125		documentation that describes the sexual assault of the individual
124	126		or a member of the individual's immediate family or family violence
125	127		against the individual that:
126	128		(i) is recorded in any form or medium that
127	129		identifies the individual or member of the individual's immediate
128	130		family, as applicable, as the patient; and
129	131		(ii) relates to the history, diagnosis,
130	132		treatment, or prognosis of the patient; or
131	133		(D) written documentation from a family violence
132	134		center or rape crisis center that describes the sexual assault of
133	135		the individual or a member of the individual's immediate family or
134	136		family violence against the individual; [or]
135	137		(3) the individual leaves the workplace to care for
136	138		the individual's terminally ill spouse as evidenced by a
137	139		physician's statement or other medical documentation, but only if
138	140		no reasonable, alternative care was available; or
139	141		(4) the individual's separation from employment was
140	142		caused by the individual being called to provide:
141	143		(A) service in the uniformed services, as defined
142	144		by 38 U.S.C. Section 4303; or
143	145		(B) service in the Texas military forces, as
144	146		defined by Section 437.001, Government Code.
145	147		SECTION 3. The changes in law made by this Act do not affect
146	148		any reemployment rights and benefits or other employment benefits
147	149		to which an employee may be entitled in accordance with the
148	150		Uniformed Services Employment and Reemployment Rights Act of 1994
149	151		(38 U.S.C. Section 4301 et seq.).
150	152		SECTION 4. The changes in law made by this Act apply only to
151	153		eligibility for unemployment compensation benefits based on an
152	154		unemployment compensation claim that is filed with the Texas
153	155		Workforce Commission on or after the effective date of this Act. A
154	156		claim filed before the effective date of this Act is governed by the
155	157		law in effect on the date the claim was filed, and the former law is
156	158		continued in effect for that purpose.
157	159		SECTION 5. This Act takes effect September 1, 2021.
158		-	______________________________ ______________________________
159		-	President of the Senate Speaker of the House
160		-	I hereby certify that S.B. No. 818 passed the Senate on
161		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
162		-	______________________________
163		-	Secretary of the Senate
164		-	I hereby certify that S.B. No. 818 passed the House on
165		-	May 23, 2021, by the following vote: Yeas 143, Nays 2, two
166		-	present not voting.
167		-	______________________________
168		-	Chief Clerk of the House
169		-	Approved:
170		-	______________________________
171		-	Date
172		-	______________________________
173		-	Governor