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                               * * * * *