HBA-TYH H.B. 1332 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1332
By: Hardcastle
Economic Development
3/10/1999
Introduced



BACKGROUND AND PURPOSE 

Based on previous court decisions, the Texas Workforce Commission
(commission) is currently prevented from collecting overpayment of
unemployment benefits from recipients if the overpayment resulted from
agency error.  Unlike other dispersing agencies, such as the Internal
Revenue Service or the Texas Department of Human Services, an overpayment
may remain with the claimant.  This results in claimants receiving
additional benefits to which they are not entitled.  It may also contribute
to higher unemployment tax rates for all employers.  H.B. 1332 redefines
"improper benefit" to include benefits obtained by a person because of a
mistake by the commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 214.002(b), Labor Code, to define "improper
benefit" as the benefit obtained by a person while one of the enumerated
conditions exists and because of the nondisclosure or misrepresentation by
the person or another of a material fact or any other reason, including a
mistake made by the Texas Workforce Commission. 

SECTION 2.  Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.  Emergency clause.