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
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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;