HBA-TYH H.B. 616 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 616
By: Greenberg
Economic Development
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

The composition of the Texas workforce is changing as women account for a
growing percentage of the persons employed.  The Bureau of Labor Statistics
estimates that between 1996-2000, women will account for two-thirds of new
entrants into the workforce.  In light of these statistics, it may be
appropriate to expand the state's definition of good cause for an
individual's voluntary leave from that individual's  most recent
employment. 

Current law disqualifies an individual from unemployment insurance benefits
if it is determined by the Texas Workforce Commission that the individual
left his or her most recent employment without good cause connected to the
individual's work.  Presently, the circumstances deemed to be good causes
do not include: 

_a medically verifiable illness of a member of the individual's household,
other than the employee or the employee's minor child, for whom the
individual is providing necessary care; 
_advice to leave the employment to protect the individual from domestic
violence; 
_sexual harassment;
_certain forms of discrimination by the former employer;
_a change in working conditions that make continuing employment
unreasonable; or 
_acceptance of other employment that does not eventually occur.

H.B. 616 includes these circumstances in the definition of "good cause" for
an individual to leave his or her most recent place of employment and still
be eligible for unemployment benefits.  The bill also specifies that
benefits will not be charged to the account of the employer if the
employee's last separation from work was caused by the medically verifiable
illness of a member of the individual's household for whom the individual
must provide necessary care. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegate to the Texas Workforce Commission in
SECTION 2 (Section 207.045(j), Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 204.022(a), Labor Code, by including a medically
verified illness of another member of the employee's household for whom the
employee is responsible for providing necessary care in the list of
conditions under which benefits computed on the benefit wage credits of an
employee or former employee is prohibited from being charged to the account
of an employer. Makes conforming changes. 

SECTION 2.  Amends Section 207.045, Labor Code, by amending Subsection (d)
and (e) and by adding Subsections (j) and (k), as follows: 

(d) Expands the protections afforded by this section prohibiting an
individual who is available to work from being disqualified if the
individual left work because of: the medically verified illness of a member
of the individual's household for whom the individual is responsible for
providing necessary care; sexual harassment that adversely  affects the
individual; discrimination based on certain personal characteristics; a
change in working conditions or other working requirements that make
continued employment unreasonable; acceptance of other employment that does
not actually occur; or professional advice given to the individual to leave
the employee's workplace to protect the individual from family violence.
These reasons are in addition to existing provisions for injury,
disability, pregnancy, or the illness of the individual or the individual's
child. 

(e)  Makes conforming changes.

(j)  Requires the Texas Workforce Commission (commission) to adopt rules as
necessary to implement Subsection (d).  Requires the commission to consult
the Commission on Human Rights when adopting rules relating to
discrimination based on personal characteristics. 

(k)  Defines "family violence" and "sexual harassment."

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.