Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1946
Status
Published
On the bench
Grover Sellers
Cited by
0 cases

The opinion

9

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 of

this departme ire to the Texas

Unemployment latering an enploy-

merit sertloe anoe with sereral

s stated In your letter,

naotment returning to

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 to submit a plan and admlnis-

mplopent Senloa in looordanoe 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

Aot give the Texae Unemployment Compensation Can-

mission the authority to operate a State Rmployment

Service as oontemplated in the Labor-Federal Seourity

Appropriation Bill, 19477

The Congress of the 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’ be devoted to

scouring employment ror veterans, to maintain a rarsi plaoement

service, to maintain a public employment senior ior the Dis-

triot of Columbia, and, in the manner provided in seotions

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

there shall be loo&ted a veterans’ amploynent service. The

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 to

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-

ployment men-iae throughout the United States. This service

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

11

Texas Unemployment Compensation Commission, Page 3

thr provisions and oonditlons or this Ao t and laoh 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 and

oondltions sontalnsd In Cs STAT ll3 In 1936 by an aot oodi-

fled by Vernon’s as Art1018 5221bw10. 88 quote iruii a part

thereof as folluwsr

*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

establish and maintain rree pub110 employment

oifloss in suoh number and in rush plaoes as may

be neoessary tor tha DroDer administration of this

Aot, and r0i DUmOSOSv OrekrOminp: suoh duties as

are w’ithl th purvl r the Aot or COnRr 888 en-

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, 88 amended, and to do and per-

fona all things neoessarp to seoure to this State

the benerlts of the said aot or Congress, as amended,

In the prcmotlon and Pralntenanoe of a systsm ot pub-

110 mployment orrio88, The palslons or the said

Aot of Congrsss, as amended, sri hereby loospted by

this State In oonformlty with Seotlon 4 of said Aot,

and this State will observe and oomply with the rs-

qulrements thereoi. The Texas Unamploym nt Compen-

sation Commission Is hereby designated and oonstltuted

the lgenoy of this State ror the purposes of said Aot.

The ixreotor, other orrloers and employees ot the

Texas Stats kployment Ssnloe shall bs a pointed by

the a&-tisslon ln aooordanoe with regulat Pon8 pro-

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 to the iulleet

extent aooepted the provisions and

oonditlons set forth in the federal sot and deolgnated the

Texas Unsmploymsnt Compensation Oc~aisslon as the lgensy to

operate the employment senioe in Texas md as the agensy to

oooperate with the United Ststes irPploymont Serrioe in every

respeot. 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 Aot 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 of

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

2809 justnent Act. (29 u;;:.l ~;cc. 693). The ozploy~ect service

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

aervloo to the statas. Ihe Labor-Fe;<eral Seourity A ~propriation

aill, 1947, whloh provides ror the return of this service 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

1932, as amended (29 U .s. . 49-491) , and ror

13

Texas Unemployment Cmpensatlon &mission, . age 5

oarrrlng into err& motion 602 or the senior-

~en’s Resdjustumnt Aot 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

~%np&ment Servloe r0r all neoeesary expenses, in-

’ oludlng personal sorvloea, in oonnootlon with the

operation 0r ~ployment orrioe ra0iiities and

aenioes in the Artriot or Coluubla: Z’rovlded,

That no State shall be rewired to rake any

‘<’ aomowlatlon as Provided in motion 5 (a) 0r

said 7rot or June a. 193$ * 05 amended; prior to

1 1 1946 : Provided further That notwlth-

e~aklldg the provisions of seohon 5 (ai and

section 6 of the Act or June 6. 1933 as mended,

the Seorotary or Labor shall iron t ‘e to time

certify to the Seoretary or ‘the Treas?lry ror pay-

rmnt to ecoh State found to be in oanpllanoe with

the 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 of

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

national war errort. . . .” (tiphas added).

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 be 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 14

Conmission has been erpeolally designated to oooparate with

the rrderal government in this reopeot. Seotlon 602 or the

Ser’vloaen*e Readjustment Aot 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~ to wzpsolalIza~ In aiding

veteran8. ‘&Is ita oertainly not repugnant to any authority

given the Texas Unemployment Qompeneatlon Commlsalon In oper-

ating an omplogmeat rervior. we have round nothing 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

Youra very truly

truly

ATT-7 G3f?XAL

G3f?XAL OF TSXAS

OF TSXAS

Assistant

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