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A BILL TO BE ENTITLED
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AN ACT
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relating to the repayment of unemployment benefits paid in error. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 214, Labor Code, is amended by adding |
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Section 214.0025 to read as follows: |
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Sec. 214.0025. REPAYMENT OF BENEFITS PAID IN ERROR. (a) |
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This section applies only to benefits to which a person was not |
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entitled that were paid to the person solely due to commission |
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error. |
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(b) The commission by rule shall establish a procedure under |
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which a person to whom benefits described by Subsection (a) have |
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been paid may, on request, repay the full or a partial amount of |
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those benefits under a repayment plan regardless of whether the |
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person is also requesting or receiving benefits under this chapter. |
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(c) The commission by rule shall: |
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(1) establish a procedure under which a person to whom |
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benefits described by Subsection (a) have been paid may apply to the |
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commission for a waiver of the requirement to repay the amount of |
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the benefits, or a portion of that amount, due to financial |
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hardship; and |
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(2) prescribe criteria to be used by the commission in |
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granting or denying a full or partial waiver under this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Workforce Commission shall adopt all |
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necessary rules and prescribe all necessary forms to comply with |
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Section 214.0025, Labor Code, as added by this Act. |
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SECTION 3. (a) Except as otherwise provided by Subsection |
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(b) of this section, Section 214.0025, Labor Code, as added by this |
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Act, applies only to unemployment benefits paid in error on or after |
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the effective date of this Act. |
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(b) A person to whom unemployment benefits were paid in |
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error before the effective date of this Act may request a repayment |
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plan or apply for a waiver of the repayment requirement under |
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Section 214.0025, Labor Code, as added by this Act, with respect to |
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any outstanding amount of those benefits owed to the Texas |
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Workforce Commission by the person on that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |