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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