Texas 2023 - 88th Regular

Texas Senate Bill SB631 Compare Versions

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11 88R452 RDS-D
22 By: Menéndez S.B. No. 631
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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;
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's separation from employment was
4747 caused by the individual being called to provide:
4848 (A) service in the uniformed services, as defined
4949 by 38 U.S.C. Section 4303; or
5050 (B) service in the Texas military forces, as
5151 defined by Section 437.001, Government Code; or
5252 (5) the individual leaves the workplace because of
5353 sexual harassment, but only if the individual:
5454 (A) reported the sexual harassment to:
5555 (i) the individual's employer; or
5656 (ii) a law enforcement agency; or
5757 (B) filed a sexual harassment complaint with the
5858 commission under Chapter 21 or with the federal Equal Employment
5959 Opportunity Commission.
6060 SECTION 2. The change in law made by this Act applies only
6161 to a claim for unemployment compensation benefits filed with the
6262 Texas Workforce Commission on or after the effective date of this
6363 Act. A claim filed before the effective date of this Act is
6464 governed by the law in effect on the date the claim was filed, and
6565 the former law is continued in effect for that purpose.
6666 SECTION 3. This Act takes effect September 1, 2023.