Bill Text: TX SB439 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to an exclusion from unemployment compensation chargebacks for certain employers of uniformed service members.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-09 - Effective on 9/1/11 [SB439 Detail]
Download: Texas-2011-SB439-Enrolled.html
S.B. No. 439 |
|
||
relating to an exclusion from unemployment compensation | ||
chargebacks for certain employers of uniformed service members. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 204.022, 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.). | ||
SECTION 2. Subsection (a), Section 204.022, Labor Code, as | ||
amended 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 that | ||
date 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 439 passed the Senate on | ||
March 24, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 439 passed the House on | ||
April 21, 2011, by the following vote: Yeas 148, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |