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  S.B. No. 818
 
 
 
 
AN ACT
  relating to unemployment compensation eligibility and chargebacks
  regarding certain persons separated from employment due to being
  called to military service.
         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
  or the employee or a member of the employee's immediate family from
  violence related to a sexual assault as evidenced by:
                     (A)  an active or recently issued protective order
  documenting sexual assault of the employee or a member of the
  employee's immediate family or 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 sexual assault of
  the employee or a member of the employee's immediate family or
  family violence against, or the stalking of, the employee;
                     (C)  a physician's statement or other medical
  documentation that describes the sexual assault of the employee or
  a member of the employee's immediate family or family violence
  against the employee that:
                           (i)  is recorded in any form or medium that
  identifies the employee or member of the employee's immediate
  family, as applicable, as the patient; and
                           (ii)  relates to the history, diagnosis,
  treatment, or prognosis of the patient; or
                     (D)  written documentation from a family violence
  center or rape crisis center that describes the sexual assault of
  the employee or a member of the employee's immediate family or
  family violence against the employee;
               (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;
               (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 caused by the employee being called to
  provide service in the uniformed services, as defined by 38 U.S.C.
  Section 4303, or in the Texas military forces, as defined by Section
  437.001, Government Code, unless the employer has been found to be
  in violation of reemployment provisions of the Uniformed Services
  Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
  4301 et seq.) or Section 437.204, Government Code, with respect to
  the employee; or
               (17)  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.  Section 207.046(a), Labor Code, is amended to
  read as follows:
         (a)  An individual is not disqualified for benefits under
  this subchapter if:
               (1)  the work-related reason for the individual's
  separation from employment was urgent, compelling, and necessary so
  as to make the separation involuntary;
               (2)  the individual leaves the workplace to protect the
  individual from family violence or stalking or the individual or a
  member of the individual's immediate family from violence related
  to a sexual assault as evidenced by:
                     (A)  an active or recently issued protective order
  documenting sexual assault of the individual or a member of the
  individual's immediate family or family violence against, or the
  stalking of, the individual or the potential for family violence
  against, or the stalking of, the individual;
                     (B)  a police record documenting sexual assault of
  the individual or a member of the individual's immediate family or
  family violence against, or the stalking of, the individual;
                     (C)  a physician's statement or other medical
  documentation that describes the sexual assault of the individual
  or a member of the individual's immediate family or family violence
  against the individual that:
                           (i)  is recorded in any form or medium that
  identifies the individual or member of the individual's immediate
  family, as applicable, as the patient; and
                           (ii)  relates to the history, diagnosis,
  treatment, or prognosis of the patient; or
                     (D)  written documentation from a family violence
  center or rape crisis center that describes the sexual assault of
  the individual or a member of the individual's immediate family or
  family violence against the individual; [or]
               (3)  the individual leaves the workplace to care for
  the individual'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
               (4)  the individual's separation from employment was
  caused by the individual being called to provide:
                     (A)  service in the uniformed services, as defined
  by 38 U.S.C. Section 4303; or
                     (B)  service in the Texas military forces, as
  defined by Section 437.001, Government Code.
         SECTION 3.  The changes in law made by this Act do not affect
  any reemployment rights and benefits or other employment benefits
  to which an employee may be entitled in accordance with the
  Uniformed Services Employment and Reemployment Rights Act of 1994
  (38 U.S.C. Section 4301 et seq.).
         SECTION 4.  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 5.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 818 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 818 passed the House on
  May 23, 2021, by the following vote:  Yeas 143, Nays 2, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor