By Wentworth S.B. No. 859
74R377 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory repayment of certain amounts overpaid as
1-3 unemployment compensation benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 207.073, Labor Code, is amended to read
1-6 as follows:
1-7 Sec. 207.073. PROHIBITED DEDUCTION FROM WAGES. (a) An
1-8 employer may not, directly or indirectly, make, require, or accept
1-9 a deduction from wages to finance a contribution or reimbursement
1-10 required to be paid by the employer under this subtitle.
1-11 (b) This section does not affect an employer who takes an
1-12 action required under Subchapter F.
1-13 SECTION 2. Section 207.075(e), Labor Code, is amended to
1-14 read as follows:
1-15 (e) Subchapters <Subchapter> E and F prevail <prevails> over
1-16 this section to the extent of any conflict.
1-17 SECTION 3. Chapter 207, Labor Code, is amended by adding
1-18 Subchapter F to read as follows:
1-19 SUBCHAPTER F. REQUIRED REPAYMENT FOR
1-20 BENEFITS ERRONEOUSLY OVERPAID
1-21 Sec. 207.101. REPAYMENT OF ERRONEOUSLY OVERPAID BENEFITS
1-22 REQUIRED. (a) If the commission determines that an individual has
1-23 erroneously received, because of a mistake made by the commission,
1-24 more benefits than the amount to which the individual was entitled
2-1 under this subtitle, the commission shall notify the individual of
2-2 the amount erroneously overpaid in writing, and the individual
2-3 shall repay the overpaid amount in full not later than the 90th day
2-4 after the date on which the notice was sent from the commission.
2-5 (b) If the individual does not repay the amount in the
2-6 period provided by Subsection (a), the commission shall seek to
2-7 collect the outstanding amount in the manner provided for
2-8 collection of an improper benefit under Section 214.002(a).
2-9 Sec. 207.102. GARNISHMENT OF WAGES. (a) If the commission
2-10 prevails in a civil action brought by the commission against an
2-11 individual for repayment of erroneously paid benefits, and the
2-12 individual does not pay in full the amount of the judgment entered
2-13 by the court not later than the 60th day after the date of the
2-14 judgment, the commission shall file a motion for an involuntary
2-15 assignment of the individual's earnings. The court retains
2-16 jurisdiction for purposes of the motion.
2-17 (b) The court may order an involuntary assignment of the
2-18 individual's earnings on proper motion, notice to all parties, and
2-19 a hearing. The assignment shall continue in effect until the
2-20 amount of the judgment, including the amount of the erroneously
2-21 paid benefits, is paid in full.
2-22 SECTION 4. (a) Except as provided by Subsection (b) of this
2-23 section, this Act takes effect September 1, 1995, and applies only
2-24 to unemployment compensation benefits paid to an individual on or
2-25 after that date. Benefits paid before that date are governed by
2-26 the law in effect on the date that the benefits were paid, and the
2-27 former law is continued in effect for that purpose.
3-1 (b) Section 207.102, Labor Code, as added by this Act, takes
3-2 effect, contingent on adoption by the voters of the constitutional
3-3 amendment proposed by ___J.R. No.___, 74th Legislature, Regular
3-4 Session, 1995, on the date that the amendment takes effect. If
3-5 that amendment is not approved by the voters, Section 207.102 has
3-6 no effect.
3-7 SECTION 5. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.