Bill Text: TX HB864 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to eligibility for unemployment compensation for employees who leave the workplace due to sexual harassment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-01 - Referred to Business & Industry [HB864 Detail]

Download: Texas-2023-HB864-Introduced.html

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88R452 RDS-D
By: Hernandez H.B. No. 864

A BILL TO BE ENTITLED
AN ACT
relating to eligibility for unemployment compensation for
employees who leave the workplace due to sexual harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.046(a), Labor Code, is amended to
read as follows:
(a) An individual is not disqualified for benefits under
this subchapter if:
(1) the work-related reason for the individual's
separation from employment was urgent, compelling, and necessary so
as to make the separation involuntary;
(2) the individual leaves the workplace to protect the
individual from family violence or stalking or the individual or a
member of the individual's immediate family from violence related
to a sexual assault as evidenced by:
(A) an active or recently issued protective order
documenting sexual assault of the individual or a member of the
individual's immediate family or family violence against, or the
stalking of, the individual or the potential for family violence
against, or the stalking of, the individual;
(B) a police record documenting sexual assault of
the individual or a member of the individual's immediate family or
family violence against, or the stalking of, the individual;
(C) a physician's statement or other medical
documentation that describes the sexual assault of the individual
or a member of the individual's immediate family or family violence
against the individual that:
(i) is recorded in any form or medium that
identifies the individual or member of the individual's immediate
family, as applicable, as the patient; and
(ii) relates to the history, diagnosis,
treatment, or prognosis of the patient; or
(D) written documentation from a family violence
center or rape crisis center that describes the sexual assault of
the individual or a member of the individual's immediate family or
family violence against the individual;
(3) the individual leaves the workplace to care for
the individual'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]
(4) the individual's separation from employment was
caused by the individual being called to provide:
(A) service in the uniformed services, as defined
by 38 U.S.C. Section 4303; or
(B) service in the Texas military forces, as
defined by Section 437.001, Government Code; or
(5) the individual leaves the workplace because of
sexual harassment, but only if the individual:
(A) reported the sexual harassment to:
(i) the individual's employer; or
(ii) a law enforcement agency; or
(B) filed a sexual harassment complaint with the
commission under Chapter 21 or with the federal Equal Employment
Opportunity Commission.
SECTION 2. The change in law made 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 the effective date of this Act 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, 2023.