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H.B. No. 481
AN ACT
relating to the eligibility for unemployment benefits of certain
persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 207, Labor Code, is
amended by adding Section 207.0211 to read as follows:
Sec. 207.0211. ELIGIBILITY OF CERTAIN DISABLED PERSONS. A
permanently disabled individual is considered to be able to work
under Section 207.021(a)(3) and available for work for purposes of
Section 207.021(a)(4) if, as a result of the individual's
disability, the individual:
(1) is unable to work full-time;
(2) has worked part-time during a substantial part of
the individual's base period;
(3) is seeking part-time work consistent with the
limitations imposed by the individual's disability; and
(4) is receiving disability insurance benefits under
42 U.S.C. Section 423.
SECTION 2. Section 204.022(a), Labor Code, as amended by
Chapters 77, 526, and 817, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and 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; [or]
(10) [(9)] 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) [(9)] resulted from the employee leaving the
employee's workplace to protect the employee from family violence
or stalking as evidenced by:
(A) an active or recently issued protective order
documenting 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 family violence
against, or the stalking of, the employee; and
(C) a physician's statement or other medical
documentation of family violence against the employee; or
(12) 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.
SECTION 3. (a) The Texas Workforce Commission shall
conduct a study on unemployment compensation benefits paid to
persons who are eligible under Section 207.0211, Labor Code, as
added by this Act. The study must include a statistical analysis of
persons who are qualified for benefits under Section 207.0211, the
number of persons who receive benefits under that section, the
average length of time that the benefits are paid, the amounts of
the benefits, and any other information relevant to an analysis of
the change in law made by this Act.
(b) The Texas Workforce Commission shall report the results
of the study under this section to the lieutenant governor, the
speaker of the house of representatives, and the legislature not
later than December 1, 2006.
SECTION 4. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before that date 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 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 481 was passed by the House on April
27, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 481 on May 23, 2005, by the following
vote: Yeas 138, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 481 was passed by the Senate, with
amendments, on May 19, 2005, by the following vote: Yeas 28, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor