88R2989 RDS-D
By: Turner H.B. No. 1055
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for unemployment benefits of
individuals who are unemployed due to certain labor disputes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.048, Labor Code, is amended by
amending Subsections (a), (b), and (f) and adding Subsection (g) to
read as follows:
(a) An individual is disqualified for benefits for a benefit
period in which the individual's total or partial unemployment is
caused by[:
[(1)] the individual's stoppage of work because of a
labor dispute at the factory, establishment, or other premises
where the individual is or was last employed[; or
[(2) a labor dispute at another place that:
[(A) is owned or operated by the same employing
unit that owns or operates the premises where the individual is or
was last employed; and
[(B) supplies material or services necessary to
the continued and usual operation of the premises where the
individual is or was last employed].
(b) Disqualification for benefits under this section does
not apply to an individual who shows to the satisfaction of the
commission that the individual:
(1) is not participating in, financing, or directly
interested in the labor dispute; [and]
(2) does not belong to a grade or class of workers any
members of which were employed at the premises of the labor dispute
immediately before the beginning of the labor dispute and any of
whom are participating in, financing, or directly interested in the
dispute;
(3) has been locked out of the individual's place of
employment; or
(4) has been placed on emergency leave without pay by
the individual's employer.
(f) For the purposes of this section:
(1) "Locked out" means the denial of entry by an
employer to the place of employment of employees of that employer
who have not:
(A) gone on strike; or
(B) notified the employer of a date on which the
employees intend to go on strike.
(2) "Premises" [, "premises"] includes a vessel.
(g) For the purposes of Subsection (b), the payment of
regular union dues by an individual does not constitute financing a
labor dispute.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.