Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Texas Unemployment Compensation CoMnie8lon
Brown Building
Austin 19, Taxas
Attention: IEr. Tom Bullook Hyder
Dear Sir: Opinion MO. O-7404
nd related ;uestions. quested ths opinion this departme ire to the Texas latering an enploy- Unemployment anoe with sereral merit sertloe s stated
In your letter, naotment returning by the atates to the , 1942, and that as a prersquls- of this department on the fob the Texas Uncunplo~ent Compensation asa8 Unamplogment Corrlpensatlon Cam- authority submit a plan and admlnis- mplopent Senloa in ooordanoe with une 6, 1933 (48 STAT 113) aa amended?
i0 Texas Unemployment Compensation Cortission, Pace 2
“2. Does the Texas Unemployment COL ensation Aot give the Texas Unenployment Compensat s on Com- alsrlon the authority to s&nit s plan and adinlnls- ter a State Employment Se~ioe whloh would ocxnply with the requirements of the Servloemen~s Readjust- rnent Act of 1944, as amended?
“3. Does the Texas Unemployment Compensation give the Texae Unemployment Compensation Can- mission the authority to operate a State Rmployment in the Labor-Federal Seourity Service as oontemplated Appropriation Bill,
The Congress of United States oreeted a UnSted States Employment Eervioe in order et.0 proluote and develop a national systan of employment offioes for men, women, and ju#dors who are legally qualified to enge8e in gainrul oocu- pations,. to maintain a veterans’ servioe to’ devoted to scouring employment veterans, to maintain a rarsi plaoement service, to maintain a public employment senior ior the Dis- of Columbia, and, in the manner provided in seotions triot 490, 49d, 49e--49k of this title, to essist in establiahlng and maintaining systems of pub110 e;lploymcnt ofrioeo in the several Staten 6r.d the political subdivisions thereof in wiaioh The there shall be loo&ted a veterans’ amploynent service. bureau shall also assist in ooordinating the Rub110 employ- ment offioes throughout the oountry.and in iaoreasing their usefulness by developing and prescribing minimum standards Or effiolenoy, assistin& them in meeting problems peoullar their looallties, promoting uniformity in their administrative and statlstloal prooedure, furnishing and publishing Intom- tlon as to opportunities for emploJrment and other Information of value in the operation of the system, and maintaining a system ror olearing labor between the eeveral States.” 29 USCA 49b (48 STAT 114).
The primary purpose of establishing suah a bureau was to organize and put into erreot a mr0M system 0r em- This service ployment men-iae throughout the United States.
was to be operated by the various states with assistanoe, finanoial and otherwise, frcsn the federal government. In order to obtain this asnistanoe or benefit as it is oalled in :he Act, each state was required through its 1OSlslatUre to aooept
Texas Unemployment Compensation Commission, Page 3 thr provisions and oonditlons or this Aot and l aoh state was to deslgmte the stats agenoy to oooperatr with ths Unltod 3tates B@oyxent Sonloo. Purthermore saoh #tat@ wa8 m- quirod to submit a plan In oonnootion with r@Osltllrg this as8lstsnoe.
‘Pbo 8tato of Tssas rooepted them prwl8lons oondltions sontalnsd In Cs STAT ll3 In 1936 by an aot oodi- fled by Vernon’s as Art1018 5221bw10. 88 quote iruii a part as folluwsr thereof
*Texas State Xmployme.;t Servloe, as provided ror under A& 0r thr ?ortprourth Lsglslaturs,
Regular Session, Chepter 236, page 552 is hereby transferred to the Commission as a division there- or. The Conmission, through suoh dltislon, ahall and maintain rree pub110 employment establish oifloss in suoh number and in rush plaoes as may neoessary tor tha DroDer administration of this Aot, and r0i DUmOSOSv OrekrOminp: suoh duties as 888 en- are w’ithl th purvl r the Aot or COnRr titled ’ Ai A$ to srZod8 ror the establlahment 0r a national smDloyment system and for OooDeration with the Stat68 in the prmotlon of suoh systam and ror other purposes,’ approved June 6 1933, (48 Stat.
113; u. 8. c., Title 29, Seotion 49 fo)), as mended.
It ihall bs the’duty of-the Cos&ulsslon to oooperate with any oiiloial or sgenay or the United States having powers or duties under the prorlslons of the raid Aot of Congress, amended, and to do and per- things neoessarp seoure fona all to this State the benerlts of the said aot or Congress, as amended, In the prcmotlon and Pralntenanoe of a systsm ot pub- The palslons or the said 110 mployment orrio88, of Congrsss, as amended, sri hereby l oospted by this State In oonformlty with Seotlon 4 of said Aot, and this State will observe and oomply with the rs- The Texas Unamploym nt Compen- qulrements thereoi.
sation Commission Is hereby designated and oonstltuted genoy of this State the purposes of said Aot. The ixreotor, other orrloers and employees ot the Texas Stats kployment Ssnloe shall bs a pointed by ln aooordanoe with regulat P on8 pro- the a&-tisslon soribed by the Dlreotor of the United States Saplop ment Senloe. s (Baphasls added).
Texas Unemployment Co~tipenaution Commlsslon, i:a.;e 4
It will be noted from the fOregOin(J that the Texas Legislature the iulleet extent aooepted the provisions oonditlons set forth in the federal sot and deolgnated the Texas Unsmploymsnt Compensation Oc~aisslon as the gensy to operate the employment senioe in Texas md as the agensy oooperate with United Ststes respeot. irPploymont Serrioe in every
The answer, therefore, to rour ilrst question 1s that the Texas Unemployment Co;.gensation Candssion oan ad- minister an employment senior in aooordanoe with the provi- sions of the of June 6, 1933 (48 STAT 113) and oan submit a plan to the proper federal agenoy in oonneotlon therewith,
. Sinoe the oreation of the United States mploymont 3ervioe, the funotlons of this bureau here been oonsolidated at dlfferont timeo with the duties of various departuentc of the federal goverment. such funotions were under the super- vision of the Cheimian of the Kar kanpower Commission from septomber, 1942, to Its diccolutlon in 1946.
It wcs durin; the tine that the funotiona of tho United States .%ployment Yervioe was under the supervlslon t5.u :Yer !‘anpowor Zormlssion t!lat the SonCress of tho United statea in l;jI+L+ enaoted w>mt is PCOWTI as the Sorvice-en*s (29 u;;:.l ~;cc. 693). The ozploy~ect service 2809 justnent Act. feature of this .:,ct yia3 ed~::iristcred by e board ecoistic& the United :‘tates &plogwsnt : crvice. The dutiao ossigacd umcr this Act oorrespondad with thoce of the *\ot of Juno 6, 1933, with tho exoqtiorls that it pertained particularly to vetorans, (29 USCA Sec. 695a). In other words, the fumti0n.e of the United States %ploynent Service wae broadened so as to deal specirloally with veterans.
Upon the dissolution of the gar I..anpOwer CO&ission, th4 functions of the United States %~plOyment SePvics wee trans- ferred to the UeEartment of Labor, and it Is through this de- pertzent that th.e fedoral ~overr-snt is roturnlng the employment Ihe Labor-Fe;<eral Seourity A ~propriation aervloo to the statas. 1947, whloh provides ror the return of this service aill, to the states provides in part as follows:
nFor grents to the soreral States (including Alaska and Hawaii), beginning Nov4akb4r 16, 1946, in aooordaroe with tha nrorisiohs of tho Act of June , and ror
1932, as amended (29 U .s. . 49-491) *5 Texas Unemployment Cmpensatlon &mission, . age 5 into err& motion 602 or the senior-
oarrrlng ~en’s Resdjustumnt or 1944, inoludlng, upon the rec,urst or my State, the payment or rental tor spaor made avallablr to suah State in lieu o&ran;” ior much purpose, $42,8??3 125 of whloh
shall be available to the 6nlt:d States Servloe r0r all neoeesary expenses, in- ~%np&ment ’ oludlng personal sorvloea, in oonnootlon with the
operation 0r ~ployment orrioe ra0iiities aenioes in the Artriot or Coluubla: Z’rovlded, That no State shall be rewired rake any
‘<’ aomowlatlon as Provided in motion 5 (a) 0r
said 7rot or June a. 193$ * 05 amended; prior : Provided further That notwlth- 1 1 1946 of seohon (ai and
e~aklldg the provisions section 6 of the Act or June 6. 1933 as mended, the Seorotary or Labor shall iron t ‘e to time to the Seoretary or ‘the Treas?lry pay- certify rmnt to ecoh State found to be in oanpllanoe with re~ulrenenta ot the Aot of June 6, 1933, as amended suoh amounts as he deternines to be neces- sary foi the proper and erriolent admlnistratlon of its pub110 employment orflces.
Wn Kovenber 15, 19&b, the Secretary of Labor shall transfer. to the state arrency in eaoh State designated u&r motion 4 or the Act of Cori~mss approved June 6. ‘1933 as amended as the agenoy to administer the ;itat&lde eyetea & publio employ- nent oftloos in eooperutlon-with the-united Statbe mplogment Servioe under said Aot, the operation State ard looal pub110 employment oifloe raollltles and properties w!lloh were transrerred by suoh State to the Federal Government in 1942 to pronote the (tiphas added). national war errort. . . .”
It will be noted from. readinS the above r,uotatlon, with particular notice to the emphasis supplied, that the oondltlons upon whloh thl; employment service is to returned are prlmrlly t’.ose sst rorth in the kot of June 6, 1933. A8 heretofore mentioned, the ‘fexas Unemployment Cmpensatlon
. * Texas Ummployuent Co:.ipensatlon Coml:~slon, sage 6 Conmission has been erpeolally to oooparate with designated rrderal government in this reopeot. Seotlon or the Ser’vloaen*e Readjustment of 1944 prwldea that oertaln amployeea on the 8tart or the looal unployment senlae should wmaa;ly devote their servloea to the dutlea preaorlbed In
. Thlr IO mroly requiring the looal amployment zar- vioe to hava some of its amployaw~ wzpsolalIza~ In aiding veteran8. ‘&Is ita oertainly not repugnant to any authority given the Texas Unemployment Qompeneatlon Commlsalon In oper- we have round nothing ating an omplogmeat rervior. In thee rederal aots would prevent the Texas Unemployment Compensation Oormiaslon iron subciIttln8 plans and admlnleterlne an employ- mant rervloe in aooordanoe with the provlelons of the aotu mentioned in your aeoond and third questions. Ye therefore amwer these cuestlona In the artlrmatlve.
Youra very truly Youra very truly G3f?XAL OF TSXAS G3f?XAL OF TSXAS ATT-7 ATT-7 Assistant Assistant