HBA-MPA H.B. 1325 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1325
By: Solis, Jim
Economic Development
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the law provides that a person who quits a job "voluntarily
without good cause connected with the individual's work" (Section
207.045(a), Labor Code), is disqualified from collecting unemployment
compensation.  Among the circumstances currently considered "good cause"
are injury, disability, pregnancy, or a medically verified illness of a
person or the person's child. Alternately, other circumstances requiring a
worker to take time off from work, such as emergency care of a family
member, and court appearances to gain to gain a protective order in a case
of domestic violence, are considered disqualifying.  H.B. 1325 adds
medically verified illness of a family member and verified instances of
family violence to the conditions of leaving work that do not disqualify a
person from collecting unemployment compensation. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 204.022(a), Labor Code, to prohibit benefits
computed on benefit wage credits from being charged to the account of an
employer, if the employee's last separation from the employer's employment
before the employee's benefit year was caused by a medically verifiable
illness of another member of the employee's household for whom the employee
is responsible for providing necessary care. 

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

(d) Prohibits an individual who is available to work from being
disqualified for benefits because the individual left work because of a
medically verifiable illness of another member of the individual's
household for whom the individual is responsible for providing necessary
care; a situation occurred in the individual's household involving family
violence as defined by Section 71.004 (Family Violence), Family Code,
against the individual or a minor child, verified as provided by commission
rule; or the unavailability of child care for the individual's child who is
younger than 11 years old. 

(e) Makes conforming and nonsubstantive changes.

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

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

SECTION 4.Emergency clause.