1-1     By:  Jackson                                           S.B. No. 393
 1-2           (In the Senate - Filed February 3, 1999; February 8, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     March 4, 1999, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 4, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the refund of certain overpaid unemployment
 1-9     compensation benefits by the recipients of those benefits.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 207.001, Labor Code, is amended to read
1-12     as follows:
1-13           Sec. 207.001.  PAYMENT OF BENEFITS.  (a)  Benefits are paid
1-14     through the commission in accordance with rules adopted by the
1-15     commission and are due and payable under this subtitle only to the
1-16     extent provided by this subtitle.
1-17           (b)  Except as provided by Section 210.003, a claimant is not
1-18     entitled to retain any benefits paid to that claimant that exceed
1-19     the amount of benefits authorized by this subtitle.
1-20           SECTION 2.  Chapter 207, Labor Code, is amended by adding
1-21     Subchapter H to read as follows:
1-22         SUBCHAPTER H.  EFFECT OF ERRONEOUS OVERPAYMENT OF BENEFITS
1-23           Sec. 207.131.  NO ENTITLEMENT TO OVERPAID BENEFITS.
1-24     (a)  Except as provided by Section 210.003, a claimant who receives
1-25     an overpayment of benefits, regardless of the reason for the
1-26     overpayment, is not entitled to retain the amount overpaid.
1-27           (b)  The claimant shall refund the amount overpaid to the
1-28     compensation fund in the manner prescribed by rules adopted by the
1-29     commission.  The commission by rule may allow a repayment made
1-30     under this subsection to be made in periodic payments.
1-31           (c)  If the commission determines that a claimant who has
1-32     received an overpayment of benefits is unable to refund to the
1-33     compensation fund the amount of the overpayment, the commission
1-34     shall deduct the amount overpaid to the claimant against that
1-35     claimant's future benefits under this subtitle.
1-36           (d)  An overpayment subject to this section is collectible in
1-37     the manner provided by Section 212.006(b) for recovery of benefits
1-38     after a final decision made under Chapter 212.
1-39           (e)  A claimant who disputes the designation of any benefits
1-40     received by that claimant as overpaid benefits is entitled to a
1-41     hearing in the manner provided by Chapter 212 for a disputed claim.
1-42           SECTION 3.  The heading to Section 211.004, Labor Code, is
1-43     amended to read as follows:
1-44           Sec. 211.004.  OFFSET UNDER CERTAIN RECIPROCAL ARRANGEMENTS
1-45     FOR OVERPAYMENT OF UNEMPLOYMENT BENEFITS.
1-46           SECTION 4.  This Act takes effect September 1, 1999, and
1-47     applies only to unemployment compensation benefits paid to an
1-48     individual on or after that date.  Benefits paid before that date
1-49     are governed by the law in effect on the date the benefits were
1-50     paid, and the former law is continued in effect for that purpose.
1-51           SECTION 5.  The importance of this legislation and the
1-52     crowded condition of the calendars in both houses create an
1-53     emergency and an imperative public necessity that the
1-54     constitutional rule requiring bills to be read on three several
1-55     days in each house be suspended, and this rule is hereby suspended.
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