1 | 1 | | 88R2989 RDS-D |
---|
2 | 2 | | By: Turner H.B. No. 1055 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the eligibility for unemployment benefits of |
---|
8 | 8 | | individuals who are unemployed due to certain labor disputes. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 207.048, Labor Code, is amended by |
---|
11 | 11 | | amending Subsections (a), (b), and (f) and adding Subsection (g) to |
---|
12 | 12 | | read as follows: |
---|
13 | 13 | | (a) An individual is disqualified for benefits for a benefit |
---|
14 | 14 | | period in which the individual's total or partial unemployment is |
---|
15 | 15 | | caused by[: |
---|
16 | 16 | | [(1)] the individual's stoppage of work because of a |
---|
17 | 17 | | labor dispute at the factory, establishment, or other premises |
---|
18 | 18 | | where the individual is or was last employed[; or |
---|
19 | 19 | | [(2) a labor dispute at another place that: |
---|
20 | 20 | | [(A) is owned or operated by the same employing |
---|
21 | 21 | | unit that owns or operates the premises where the individual is or |
---|
22 | 22 | | was last employed; and |
---|
23 | 23 | | [(B) supplies material or services necessary to |
---|
24 | 24 | | the continued and usual operation of the premises where the |
---|
25 | 25 | | individual is or was last employed]. |
---|
26 | 26 | | (b) Disqualification for benefits under this section does |
---|
27 | 27 | | not apply to an individual who shows to the satisfaction of the |
---|
28 | 28 | | commission that the individual: |
---|
29 | 29 | | (1) is not participating in, financing, or directly |
---|
30 | 30 | | interested in the labor dispute; [and] |
---|
31 | 31 | | (2) does not belong to a grade or class of workers any |
---|
32 | 32 | | members of which were employed at the premises of the labor dispute |
---|
33 | 33 | | immediately before the beginning of the labor dispute and any of |
---|
34 | 34 | | whom are participating in, financing, or directly interested in the |
---|
35 | 35 | | dispute; |
---|
36 | 36 | | (3) has been locked out of the individual's place of |
---|
37 | 37 | | employment; or |
---|
38 | 38 | | (4) has been placed on emergency leave without pay by |
---|
39 | 39 | | the individual's employer. |
---|
40 | 40 | | (f) For the purposes of this section: |
---|
41 | 41 | | (1) "Locked out" means the denial of entry by an |
---|
42 | 42 | | employer to the place of employment of employees of that employer |
---|
43 | 43 | | who have not: |
---|
44 | 44 | | (A) gone on strike; or |
---|
45 | 45 | | (B) notified the employer of a date on which the |
---|
46 | 46 | | employees intend to go on strike. |
---|
47 | 47 | | (2) "Premises" [, "premises"] includes a vessel. |
---|
48 | 48 | | (g) For the purposes of Subsection (b), the payment of |
---|
49 | 49 | | regular union dues by an individual does not constitute financing a |
---|
50 | 50 | | labor dispute. |
---|
51 | 51 | | SECTION 2. This Act takes effect immediately if it receives |
---|
52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
---|
53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
---|
55 | 55 | | Act takes effect September 1, 2023. |
---|