By Jackson                                             S.B. No. 393
         76R54 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 H to read as follows:
1-16         SUBCHAPTER H.  EFFECT OF ERRONEOUS OVERPAYMENT OF BENEFITS
1-17           Sec. 207.131.  NO ENTITLEMENT TO OVERPAID BENEFITS.  (a)
1-18     Except as provided by Section 210.003, a claimant who receives an
1-19     overpayment of benefits, regardless of the reason for the
1-20     overpayment, is not entitled to retain the amount 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, 1999, 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.