1-1 By: Wentworth S.B. No. 859
1-2 (In the Senate - Filed March 1, 1995; March 2, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 May 16, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 16, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 859 By: Leedom
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the recovery of certain overpayments of unemployment
1-11 compensation benefits.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 214.002, Labor Code, is
1-14 amended to read as follows:
1-15 (b) In this section, "improper benefit" means the benefit
1-16 obtained by a person:
1-17 (1) because of:
1-18 (A) the nondisclosure or misrepresentation by
1-19 the person or by another of a material fact, without regard to
1-20 whether the nondisclosure or misrepresentation was known or
1-21 fraudulent; or
1-22 (B) any other reason, including a mistake made
1-23 by the commission; and
1-24 (2) while:
1-25 (A) any condition imposed by this subtitle for
1-26 the person's qualifying for the benefit was not fulfilled in the
1-27 person's case; or
1-28 (B) the person was disqualified from receiving
1-29 benefits.
1-30 SECTION 2. This Act takes effect September 1, 1995, and
1-31 applies only to unemployment compensation benefits paid to an
1-32 individual on or after that date. Benefits paid before that date
1-33 are governed by the law in effect on the date that the benefits
1-34 were paid, and the former law is continued in effect for that
1-35 purpose.
1-36 SECTION 3. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *