BILL ANALYSIS C.S.S.B. 859 By: Wentworth Economic Development 05-17-95 Committee Report (Substituted) BACKGROUND Currently, the Texas Employment Commission does not have authority to collect overpaid benefits from employees other than to deduct overpayments from subsequent employee claims. PURPOSE As proposed, C.S.S.B. 859 to redefine "improper benefit" for recovery of overpayments of unemployment compensation benefits by the Texas Employment Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 214.002(b), Labor Code, to redefine "improper benefit" to include a benefit obtained by a person because of the nondisclosure or misrepresentation by the person or by another of a material fact whether the nondisclosure or misrepresentation was known or fraudulent; or any other reason, including a mistake made by the Texas Employment Commission. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause.