By Olivera                                            H.B. No. 1387
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the funding of the unemployment compensation program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Texas Unemployment Compensation Act (Article
    1-5  5221b-1 et seq, Vernon's Texas Civil Statutes) is amended by adding
    1-6  Section 14-B to read as follows:       Section 14-B.  (a)  If a
    1-7  party is delinquent in the payment of contributions, penalties,
    1-8  interest, or other sums due under this Act, the Commission may
    1-9  notify personally or by registered mail any person who:
   1-10              (1)  possesses or controls a credit, bank or savings
   1-11  account, deposit, or other intangible or personal property
   1-12  belonging to the delinquent party, hereafter referred to as
   1-13  "assets"; or
   1-14              (2)  owes a debt to the delinquent party.
   1-15        (b)  A notice under this section to a state officer,
   1-16  department, or agency must be given before the officer, department,
   1-17  or agency presents to the comptroller the claim of the delinquent
   1-18  party.
   1-19        (c)  A notice under this section may be given at any time
   1-20  after the contributions, penalties, interest, or other sums due
   1-21  under this Act become delinquent.  The notice must state the amount
   1-22  of contributions, penalties, interest, or other sums due and owing,
   1-23  and any additional amount that will accrue by operation of law in a
    2-1  period not to exceed 30 days and, in the case of a credit, bank, or
    2-2  savings account or deposit, is effective only up to that amount.
    2-3        (d)  On receipt of a notice given under this section, the
    2-4  person receiving the notice:
    2-5              (1)  shall advise the Commission within 20 days after
    2-6  receiving the notice of each such asset belonging to the delinquent
    2-7  party that is possessed or controlled by the person receiving the
    2-8  notice and of each debt owed by the person receiving the notice to
    2-9  the delinquent party; and
   2-10              (2)  may not transfer or dispose of the asset or debt
   2-11  possessed, controlled, or owed by the person at the time the person
   2-12  received the notice for a period of 60 days after receipt of the
   2-13  notice, unless the Commission consents to an earlier disposition.
   2-14        (e)  A notice under this section that attempts to prohibit
   2-15  the transfer or disposition of an asset possessed or controlled by
   2-16  a bank is not effective unless it is delivered or mailed to the
   2-17  principal office of the bank or the office of the bank at which the
   2-18  deposit is carried or the credit or property is held.
   2-19        (f)  A person who has received a notice under this section
   2-20  and who violates Subdivision (2) of Subsection (d) of this section
   2-21  is liable to the Commission for the amount of the indebtedness of
   2-22  the delinquent party with respect to whose obligation the notice
   2-23  was given to the extent of the value of the asset or debt
   2-24  transferred or disposed of.
   2-25        (g)  At any time during the last 45 days of the 60-day period
    3-1  as stated in Subdivision (2) of Subsection (d) of this section, the
    3-2  Commission may levy upon the asset or debt.  The levy shall be
    3-3  accomplished by delivery of a notice of levy, upon receipt of which
    3-4  the person possessing the asset or debt shall transfer the asset to
    3-5  the Commission or pay to the Commission the amount owed to the
    3-6  delinquent party.
    3-7        (h)  A notice delivered under this section is effective at
    3-8  the time of delivery against all property, rights to property,
    3-9  credits, and/or debts involving the delinquent party which are not
   3-10  at the time of such notice subject to a preexisting attachment,
   3-11  garnishment, or execution issued through a judicial process.
   3-12        (i)  Any person acting in accordance with the terms of the
   3-13  notice of freeze or levy issued by the Commission is discharged
   3-14  from any obligation or liability to the delinquent party with
   3-15  respect to such property or rights to property, credits, and/or
   3-16  debts of the party affected by compliance with the notice of freeze
   3-17  or levy.
   3-18        SECTION 2.  Section 7(c)(6)(D), Texas Unemployment
   3-19  Compensation Act (Article 5221b-5(c)(6)(D), Vernon's Texas Civil
   3-20  Statutes) is amended to read as follows:
   3-21                    (D)  For purposes of this subdivision, the
   3-22  ceiling of the fund is three percent (3%) <two percent (2%)> of the
   3-23  total taxable wages for the four calendar quarters ending the
   3-24  preceding June 30.  When the amount in the fund on the October 1
   3-25  computation date is more than the ceiling, each employer entitled
    4-1  to an experience rate on the computation date is entitled to a
    4-2  credit to be applied beginning with contributions first quarter of
    4-3  the following year.  The amount of the credit is equal to a surplus
    4-4  ratio (determined under paragraph (E)) multiplied by the employer's
    4-5  contributions due for the four calendar quarters ending the
    4-6  preceding September 30.
    4-7        SECTION 3.  Section 14(a), Texas Unemployment Compensation
    4-8  Act (Article 5221b-12(a), Vernon's Texas Civil Statutes) is amended
    4-9  to read as follows:
   4-10        (a)  Interest <and Penalties> on Past Due Contributions:  If
   4-11  any employer subject to the provisions of this Act shall fail to
   4-12  pay contributions due under this Act on the date on which they are
   4-13  due and payable as prescribed by the Commission, such employer
   4-14  shall be liable <forfeit> to the State of Texas for interest <a
   4-15  penalty> of one and one-half percent (1 1/2%) of such
   4-16  contributions, and after the expiration of one (1) month such
   4-17  employer shall be liable for <forfeit an> additional interest
   4-18  <penalty> of one and one-half percent (1 1/2%) of such
   4-19  contributions for each month or fraction thereof, until such
   4-20  contributions and interest <penalties> shall have been paid in
   4-21  full; provided, however, that the interest <penalties> applicable
   4-22  to the contributions due for any period (as prescribed by the rules
   4-23  of the Commission) shall not exceed thirty-seven and one-half
   4-24  percent (37 1/2%) of the amount of contributions due at due date;
   4-25  provided, however, that for the exclusive purpose of this
    5-1  subsection, the liability for interest <forfeit of penalty>
    5-2  provided herein shall not apply to any employer who failed to pay
    5-3  contributions due under this Act because of the bona fide belief
    5-4  that all or some of their employees are covered under the
    5-5  unemployment insurance law of any other state if such employer
    5-6  paid, pursuant to the unemployment insurance law of such other
    5-7  state, the contributions thereunder when due on all such wages of
    5-8  such employees.
    5-9  In addition to the interest <penalties> provided above, whenever
   5-10  the maximum interest <penalty> of thirty-seven and one-half percent
   5-11  (37 1/2%) shall accrue or shall have accrued as provided above in
   5-12  cases in which the liability of the employer is reduced to
   5-13  judgment, thereafter in addition to the interest <penalties>
   5-14  provided above, contributions included in such judgment shall bear
   5-15  interest at the rate of one percent (1%) per month or part of a
   5-16  month.
   5-17        SECTION 4.  The importance of this legislation and the
   5-18  crowded condition of the calendars in both houses create an
   5-19  emergency and an imperative public necessity that the
   5-20  constitutional rule requiring bills to be read on three several
   5-21  days in each house be suspended, and this rule is hereby suspended.