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


Office of House Bill AnalysisC.S.H.B. 616
By: Greenberg
Economic Development
4/21/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

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 the employee's reasonable belief that the employee was
required to leave the employee's workplace to protect the employee from
family violence or stalking. 

C.S.H.B. 616 includes the employee's reasonable belief that the employee
was required to leave the employee's workplace to protect the employee from
family violence or stalking as good cause for an individual to leave the
individual's most recent place of employment and still be eligible for
unemployment benefits. 

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 the
employee's reasonable belief that the employee was required to leave the
employee's workplace to protect the employee from family violence or
stalking 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 by adding Subsections (j) and (k), as follows: 

(d)  Makes this subsection applicable to an individual who is able to work
and available to work, as provided by Section 207.021 (Benefit Eligibility
Conditions).  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 employee's reasonable belief that the
employee was required to leave the employee's workplace to protect the
employee from family violence or stalking. 

(j)  Requires the Texas Workforce Commission (commission) to adopt rules as
necessary to implement Subsection (d). 

(k)  Defines "family violence" and "stalking."

SECTION 3.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.  Emergency clause.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 (Section 204.022(a),
Labor Code) by deleting a medically verified illness of another member of
the employee's household for whom the employee is responsible for providing
necessary care, from 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.  Instead, the substitute
modifies the original bill by adding to the list, the employee's reasonable
belief that the employee was required to leave the employee's workplace to
protect the employee from family violence or stalking. 

The substitute modifies the original bill in SECTION 2 by amending Section
207.045(d) to provide that this subsection is applicable to an individual
who is able to work and available to work, as provided by Section 207.021
(Benefit Eligibility Conditions), rather than simply an individual who is
available to work.   

The substitute modifies the original bill in SECTION 2 by amending Section
207.045(d) to delete the proposed protections afforded by this section in
the original bill prohibiting an individual who is available to work from
being disqualified if the individual left work because of:  

_the medically verified illness of another member of the individual's
household other than the individual or the individual's minor child, 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.  

Instead, the substitute modifies the original bill in SECTION 2 by amending
Section 207.045(d) to expand 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 employee's reasonable belief
that the employee was required to leave the employee's workplace to protect
the employee from family violence or stalking. 

The substitute modifies the original bill in SECTION 2 by changing proposed
Section 207.045(j) to delete the requirement in the original bill for the
commission to consult with the Commission on Human Rights in adopting the
rules.