By McCall H.B. No. 1046 75R713 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the refund of certain overpaid unemployment 1-3 compensation benefits by the recipients of those benefits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 207.001, Labor Code, is amended to read 1-6 as follows: 1-7 Sec. 207.001. PAYMENT OF BENEFITS. (a) Benefits are paid 1-8 through the commission in accordance with rules adopted by the 1-9 commission and are due and payable under this subtitle only to the 1-10 extent provided by this subtitle. 1-11 (b) Except as provided by Section 210.003, a claimant is not 1-12 entitled to retain any benefits paid to that claimant that exceed 1-13 the amount of benefits authorized by this subtitle. 1-14 SECTION 2. Chapter 207, Labor Code, is amended by adding 1-15 Subchapter G to read as follows: 1-16 SUBCHAPTER G. EFFECT OF ERRONEOUS OVERPAYMENT OF BENEFITS 1-17 Sec. 207.121. NO ENTITLEMENT TO OVERPAID BENEFITS. (a) A 1-18 claimant who receives an overpayment of benefits, regardless of the 1-19 reason for the overpayment, is not entitled to retain the amount 1-20 overpaid. 1-21 (b) The claimant shall refund the amount overpaid to the 1-22 compensation fund in the manner prescribed by rules adopted by the 1-23 commission. The commission by rule may allow a repayment made 1-24 under this subsection to be made in periodic payments. 2-1 (c) If the commission determines that a claimant who has 2-2 received an overpayment of benefits is unable to refund to the 2-3 compensation fund the amount of the overpayment, the commission 2-4 shall deduct the amount overpaid to the claimant against that 2-5 claimant's future benefits under this subtitle. 2-6 (d) An overpayment subject to this section is collectible in 2-7 the manner provided by Section 212.006(b) for recovery of benefits 2-8 after a final decision made under Chapter 212. 2-9 (e) A claimant who disputes the designation of any benefits 2-10 received by that claimant as overpaid benefits is entitled to a 2-11 hearing in the manner provided by Chapter 212 for a disputed claim. 2-12 SECTION 3. The heading to Section 211.004, Labor Code, is 2-13 amended to read as follows: 2-14 Sec. 211.004. OFFSET UNDER CERTAIN RECIPROCAL ARRANGEMENTS 2-15 FOR OVERPAYMENT OF UNEMPLOYMENT BENEFITS. 2-16 SECTION 4. This Act takes effect September 1, 1997, and 2-17 applies only to unemployment compensation benefits paid to an 2-18 individual on or after that date. Benefits paid before that date 2-19 are governed by the law in effect on the date the benefits were 2-20 paid, and the former law is continued in effect for that purpose. 2-21 SECTION 5. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.