By Pitts                                               H.B. No. 255
         76R469 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disqualification of certain persons for
 1-3     unemployment compensation benefits because of a criminal
 1-4     conviction.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter C, Chapter 207, Labor Code, is amended
 1-7     by adding Section 207.0445 to read as follows:
 1-8           Sec. 207.0445.  DISQUALIFICATION FOR SUBSEQUENT CONVICTION.
 1-9     (a)  An individual is disqualified for benefits if the individual
1-10     is finally  convicted for a criminal offense connected with the
1-11     individual's last work that would have constituted misconduct if
1-12     the conviction had occurred before the date the individual was
1-13     discharged.
1-14           (b)  Disqualification under this section continues until the
1-15     individual has returned to employment and:
1-16                 (1)  worked for six weeks; or
1-17                 (2)  earned wages equal to six times the individual's
1-18     benefit amount.
1-19           (c)  A claimant who received benefits and who is subsequently
1-20     determined to be ineligible under this section is not entitled to
1-21     retain the amount paid.  The claimant shall refund the amount paid
1-22     to the compensation fund in the manner prescribed by rules adopted
1-23     by the commission.  The commission by rule may allow a repayment
1-24     made under this subsection to be made in periodic payments.
 2-1           (d)  Benefits required to be refunded under this section are
 2-2     collectible in the manner provided by Sections 213.031, 213.032,
 2-3     213.033, and 213.035 for the collection of past due contributions.
 2-4           SECTION 2.  This Act takes effect September 1, 1999, and
 2-5     applies only to unemployment compensation benefits paid to an
 2-6     individual on or after that date.  Benefits paid before that date
 2-7     are governed by the law in effect on the date the benefits were
 2-8     paid, and the former law is continued in effect for that purpose.
 2-9           SECTION 3.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.