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.