1-1  By:  Oliveira, et al. (Senate Sponsor - Parker)       H.B. No. 1387
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on Economic
    1-4  Development; May 17, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  May 17, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis              x                               
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla                                          x   
   1-17        Rosson             x                               
   1-18        Shapiro                                        x   
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 1387                  By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the administration and enforcement of the state
   1-24  unemployment compensation system.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  The Texas Unemployment Compensation Act (Article
   1-27  5221b-1 et seq., Vernon's Texas Civil Statutes) is amended by
   1-28  adding Section 14-B to read as follows:
   1-29        Sec. 14-B.  (a)  In this section, "asset" means:
   1-30              (1)  a credit, bank, or savings account or deposit; or
   1-31              (2)  any other intangible or personal property.
   1-32        (b)  If a party is delinquent in the payment of
   1-33  contributions, penalties, interest, or other sums due under this
   1-34  Act, the Commission may notify personally or by registered mail any
   1-35  person who:
   1-36              (1)  possesses or controls an asset belonging to the
   1-37  delinquent party; or
   1-38              (2)  owes a debt to the delinquent party.
   1-39        (c)  A notice under this section to a state officer,
   1-40  department, or agency must be given before the officer, department,
   1-41  or agency presents to the comptroller the claim of the delinquent
   1-42  party.
   1-43        (d)  A notice under this section may be given at any time
   1-44  after the contributions, penalties, interest, or other sums due
   1-45  under this Act become delinquent.  The notice must state the amount
   1-46  of contributions, penalties, interest, or other sums due, and any
   1-47  additional amount that will accrue by operation of law in a period
   1-48  not to exceed 30 days after the date on which the notice is given,
   1-49  and, in the case of a credit, bank, or savings account or deposit,
   1-50  is effective only up to that amount.
   1-51        (e)  On receipt of a notice under this section, the recipient
   1-52  of the notice shall advise the Commission not later than the 20th
   1-53  day after the date the notice is received of each asset belonging
   1-54  to the delinquent party that is possessed or controlled by the
   1-55  recipient and of each debt owed by the recipient to the delinquent
   1-56  party.  The recipient of the notice may not transfer or dispose of
   1-57  the asset or debt possessed, controlled, or owed by the recipient
   1-58  as of the time the notice was received by the recipient during the
   1-59  60-day period immediately after the date of receipt of the notice,
   1-60  unless the Commission consents to an earlier disposition.
   1-61        (f)  A notice under this section that attempts to prohibit
   1-62  the transfer or disposition of an asset possessed or controlled by
   1-63  a bank is not effective unless it is delivered or mailed to the
   1-64  principal office of the bank or the office of the bank at which the
   1-65  deposit is carried or the credit or property is held.
   1-66        (g)  A person who has received a notice under this section
   1-67  and who transfers or disposes of an asset or debt in a manner that
   1-68  violates Subsection (e) of this section is liable to the Commission
    2-1  for the amount of the indebtedness of the delinquent party with
    2-2  respect to whose obligation the notice was given to the extent of
    2-3  the value of that asset or debt.
    2-4        (h)  At any time during the last 45 days of the 60-day period
    2-5  described by Subsection (e) of this section, the Commission may
    2-6  levy on the asset or debt by delivery of a notice of levy.  On
    2-7  receipt of the levy notice, the person possessing the asset or debt
    2-8  shall transfer the asset to the Commission or pay to the Commission
    2-9  the amount owed to the delinquent party.
   2-10        (i)  A notice delivered under this section is effective at
   2-11  the time of delivery against all property, rights to property,
   2-12  credits, and debts involving the delinquent party that are not, as
   2-13  of the date of the notice, subject to a preexisting lien,
   2-14  attachment, garnishment, or execution issued through a judicial
   2-15  process.
   2-16        (j)  A person acting in accordance with the terms of the
   2-17  notice of freeze or levy issued by the Commission is discharged
   2-18  from any obligation or liability to the delinquent party with
   2-19  respect to the affected property, rights to property, credits, and
   2-20  debts of the party affected by compliance with the notice of freeze
   2-21  or levy.
   2-22        SECTION 2.  Section 14(a), Texas Unemployment Compensation
   2-23  Act (Article 5221b-12, Vernon's Texas Civil Statutes), is amended
   2-24  to read as follows:
   2-25        (a)  Interest <and Penalties> on Past Due Contributions:  If
   2-26  any employer subject to the provisions of this Act shall fail to
   2-27  pay contributions due under this Act on the date on which they are
   2-28  due and payable as prescribed by the Commission, such employer
   2-29  shall be liable <forfeit> to the State of Texas for interest <a
   2-30  penalty> of one and one-half per cent (1 1/2%) of such
   2-31  contributions, and after the expiration of one (1) month such
   2-32  employer shall be liable for <forfeit an> additional interest
   2-33  <penalty> of one and one-half per cent (1 1/2%) of such
   2-34  contributions for each month or fraction thereof, until such
   2-35  contributions and interest payments <penalties> shall have been
   2-36  paid in full; provided, however, that the interest <penalties>
   2-37  applicable to the contributions due for any period (as prescribed
   2-38  by the rules of the Commission) shall not exceed thirty-seven and
   2-39  one-half per cent (37 1/2%) of the amount of contributions due at
   2-40  due date; provided, however, that for the exclusive purpose of this
   2-41  subsection, the liability for interest <forfeit of penalty>
   2-42  provided herein shall not apply to any employer who failed to pay
   2-43  contributions due under this Act because of the bona fide belief
   2-44  that all or some of their employees are covered under the
   2-45  unemployment insurance law of any other state if such employer
   2-46  paid, pursuant to the unemployment insurance law of such other
   2-47  state, the contributions thereunder when due on all such wages of
   2-48  such employees.
   2-49        In addition to the interest <penalties> provided above,
   2-50  whenever the maximum interest <penalty> of thirty-seven and
   2-51  one-half per cent (37 1/2%) shall accrue or shall have accrued as
   2-52  provided above in cases in which the liability of the employer is
   2-53  reduced to judgment, thereafter in addition to the interest
   2-54  <penalties> provided above, contributions included in such judgment
   2-55  shall bear additional interest at the rate of one per cent (1%) per
   2-56  month or part of a month.
   2-57        SECTION 3.  Section 19(m), Texas Unemployment Compensation
   2-58  Act (Article 5221b-17, Vernon's Texas Civil Statutes), is amended
   2-59  to read as follows:
   2-60        (m)  "Valid Claim" means either an initial claim filed by an
   2-61  unemployed individual who has received the wages necessary to
   2-62  qualify for benefits under the terms of subsection 4(e) of this Act
   2-63  or a claim for benefits filed by an unemployed individual who has
   2-64  received the wages necessary to qualify for benefits under the
   2-65  terms of subsection 4(e) of this Act, and "initial claim" means the
   2-66  notice filed by an individual who does not have a current benefit
   2-67  year that he is unemployed and may, if such unemployment continues,
   2-68  file a claim for benefits.  For purposes of this Act, an individual
   2-69  shall be considered unemployed if the individual is totally
   2-70  unemployed as defined in Subsection 19(l) of this Act or if the
    3-1  individual is partially unemployed as defined in Subsection 19(j)
    3-2  of this Act.
    3-3        SECTION 4.  This Act takes effect September 1, 1993.
    3-4        SECTION 5.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.
    3-9                               * * * * *
   3-10                                                         Austin,
   3-11  Texas
   3-12                                                         May 17, 1993
   3-13  Hon. Bob Bullock
   3-14  President of the Senate
   3-15  Sir:
   3-16  We, your Committee on Economic Development to which was referred
   3-17  H.B. No. 1387, have had the same under consideration, and I am
   3-18  instructed to report it back to the Senate with the recommendation
   3-19  that it do not pass, but that the Committee Substitute adopted in
   3-20  lieu thereof do pass and be printed.
   3-21                                                         Parker,
   3-22  Chairman
   3-23                               * * * * *
   3-24                               WITNESSES
   3-25                                                  FOR   AGAINST  ON
   3-26  ___________________________________________________________________
   3-27  Name:  James Jackson                                           x
   3-28  Representing:  Texas Employment Commission
   3-29  City:  Austin
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   3-31  Name:  Billy McCorkle                                          x
   3-32  Representing:  Texas Employment Commission
   3-33  City:  Austin
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