This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                



                                                                  S.B. No. 1342




AN ACT
relating to unemployment compensation eligibility and chargebacks regarding certain spouses of military personnel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsection (a), Section 204.022, 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) resulted from a move from the area of the employee's employment that: (A) was made with the employee's spouse who is a member of the armed forces of the United States; and (B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year. SECTION 2. Subsection (d), Section 207.045, Labor Code, is amended to read as follows: (d) Notwithstanding any other provision of this section, an individual who is available to work may not be disqualified for benefits because the individual left work because of: (1) a medically verified illness of the individual or the individual's minor child; (2) injury; (3) disability; (4) pregnancy; [or] (5) an involuntary separation as described by Section 207.046; or (6) a move from the area of the individual's employment that: (A) was made with the individual's spouse who is a member of the armed forces of the United States; and (B) resulted from the spouse's permanent change of station of longer than 120 days or a tour of duty of longer than one year. SECTION 3. The changes in law made by this Act apply only to eligibility for unemployment compensation benefits based on an unemployment compensation claim that is filed with the Texas Workforce Commission on or after the effective date of this Act. A claim filed before the effective date of this Act 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 4. To the extent of any conflict, this Act prevails over another Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes. 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 hereby certify that S.B. No. 1342 passed the Senate on April 14, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1342 passed the House on April 29, 2005, by the following vote: Yeas 142, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor