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. 1-56 * * * * *