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.

 
 
  H.B. No. 1550
 
 
 
 
AN ACT
  relating to unemployment compensation chargebacks regarding
  certain persons who are involuntarily separated from employment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 204.022(a), Labor Code, is 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;
               (10)  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)  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; or
                     (C)  a physician's statement or other medical
  documentation that describes the family violence against the
  employee that:
                           (i)  is recorded in any form or medium that
  identifies the employee as the patient; and
                           (ii)  relates to the history, diagnosis,
  treatment, or prognosis of the patient;
               (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;
               (13)  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;
               (14)  resulted from the employee leaving the employee's
  workplace to care for the employee's terminally ill spouse as
  evidenced by a physician's statement or other medical
  documentation, but only if no reasonable, alternative care was
  available; [or]
               (15)  was caused by the employer's reinstatement of a
  qualified uniformed service member with reemployment rights and
  benefits and other employment benefits in accordance with the
  Uniformed Services Employment and Reemployment Rights Act of 1994
  (38 U.S.C. Section 4301 et seq.); or
               (16)  was due to a reason that:
                     (A)  constitutes an involuntary separation under
  Section 207.046(a)(1); and
                     (B)  does not constitute good cause connected with
  the employee's work under Section 207.045 for the employee to
  voluntarily leave the employment.
         SECTION 2.  The change in law made by this Act applies only
  to a claim for unemployment compensation benefits 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 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1550 was passed by the House on April
  11, 2013, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1550 was passed by the Senate on May
  8, 2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor