Bill Text: TX HB1550 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to unemployment compensation chargebacks regarding certain persons who are involuntarily separated from employment.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-18 - Effective on 9/1/13 [HB1550 Detail]
Download: Texas-2013-HB1550-Engrossed.html
Bill Title: Relating to unemployment compensation chargebacks regarding certain persons who are involuntarily separated from employment.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-18 - Effective on 9/1/13 [HB1550 Detail]
Download: Texas-2013-HB1550-Engrossed.html
83R11778 MAW-F | ||
By: Bell | H.B. No. 1550 |
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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; [ |
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(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. |