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 * * * * *