Untitled Texas Attorney General Opinion ( 1946 )

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;