76R13116 JMM-D
By Pitts H.B. No. 255
Substitute the following for H.B. No. 255:
By Yarbrough C.S.H.B. No. 255
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the subsequent disallowance of certain unemployment
1-3 compensation benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 212, Labor Code, is amended
1-6 by adding Section 212.007 to read as follows:
1-7 Sec. 212.007. SUBSEQUENT DISALLOWANCE OF CERTAIN BENEFITS.
1-8 (a) A reimbursing employer who determines, after the date on which
1-9 an individual is separated from the employer's employment, that the
1-10 individual engaged in conduct that is the basis of a criminal
1-11 prosecution and that would have constituted misconduct under
1-12 Section 201.012 may file a statement of potential disallowance with
1-13 the commission. The statement must include:
1-14 (1) the name and social security number of the
1-15 individual;
1-16 (2) the name and address of the employer;
1-17 (3) the basis for the employer's determination under
1-18 this subsection; and
1-19 (4) any other information required by the
1-20 commissioner.
1-21 (b) The commission shall maintain a list of individuals for
1-22 whom a statement is filed under Subsection (a). On receipt of a
1-23 claim for benefits by the individual, the commission shall provide
1-24 notice of the claim to the employer who filed the statement of
2-1 potential disallowance if:
2-2 (1) the claimant is determined to be entitled to
2-3 benefits; and
2-4 (2) wages paid by the employer to the claimant are
2-5 credited as benefit wage credits.
2-6 (c) An employer who receives notice from the commission
2-7 under Subsection (b) shall notify the commission not later than the
2-8 90th day after the date the claimant is finally convicted or placed
2-9 on community supervision, including deferred adjudication community
2-10 supervision, of a criminal offense connected with the claimant's
2-11 work for the employer. If the claimant was finally convicted or
2-12 placed on community supervision before the date on which the
2-13 employer received the notice under Subsection (b), the employer
2-14 shall notify the commission not later than the 90th day after the
2-15 date the employer receives the notice.
2-16 (d) On receipt of notice from an employer under Subsection
2-17 (c), the commission shall disallow as wage credits the wages the
2-18 claimant was paid by the employer. The commission shall determine
2-19 the amount of benefits paid to the claimant based on the disallowed
2-20 wage credits and issue an order for reimbursement. The commission
2-21 shall mail the order for reimbursement to the claimant's last known
2-22 address as shown by the commission's records and a copy of the
2-23 order to the employer.
2-24 (e) A claimant who received benefits and who is subsequently
2-25 determined to be subject to an order for reimbursement under
2-26 Subsection (d) is not entitled to retain the amount specified in
2-27 the order. The claimant shall pay the amount in the order to the
3-1 compensation fund in the manner prescribed by rules adopted by the
3-2 commission. The commission by rule may allow a repayment under
3-3 this subsection to be made in periodic payments.
3-4 (f) Benefits required to be repaid under this section are
3-5 collectible in the manner provided by Sections 213.031, 213.032,
3-6 213.033, and 213.035 for the collection of past due contributions.
3-7 (g) An employer who receives a copy of an order for
3-8 reimbursement may apply under Subchapter E, Chapter 213, for an
3-9 adjustment or refund.
3-10 SECTION 2. (a) This Act takes effect September 1, 1999.
3-11 (b) The change in law made by this Act applies to
3-12 eligibility for unemployment compensation benefits based on an
3-13 unemployment compensation claim that is filed with the Texas
3-14 Workforce Commission on or after the effective date of this Act. A
3-15 claim filed before the effective date of this Act is governed by
3-16 the law in effect on the date the claim was filed, and the former
3-17 law is continued in effect for that purpose.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.