SRC-MWN S.B. 1136 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1136
77R5479 KSD-DBy: Carona
Business & Commerce
3/19/2001
As Filed


DIGEST AND PURPOSE 

Current law authorizes a notice of assessment to be used as a method of
debt collection under the Texas Unemployment Compensation Act. As proposed,
S.B. 1136 amends the Labor Code to make the language consistent when
referring to this debt collection method, and to more precisely define a
final assessment to reflect current collection remedies. This bill also
provides that an assessment for the recovery of unemployment compensation
fund contributions that is not contested by the employer or that is upheld
after judicial review is a final assessment. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 213.025, Labor Code, as follows:

Sec. 213.025. New heading: ADDITIONAL INTEREST ON JUDGEMENT OR FINAL
ASSESSMENT FOR PAST DUE CONTRIBUTION. Provides that for a final judgement
or final assessment that grants recovery of the amount of a contribution
and the amount of interest computed at the maximum rate permitted under
Section 213.021(a), the part of the judgement or final assessment for the
amount of the contribution earns additional interest at the rate of one
percent for each month or part of a month it remains unpaid. 

SECTION 2. Amends Section 213.032(e), Labor Code, to provide that an
assessment described by this subsection is a final assessment. 

SECTION 3. Amends Sections 213.033(b) and (c), Labor Code, to provide that
certain actions, rather than proceedings, suspend the running of the
limitations period. Provides that after a hearing or case, rather than
proceeding, is closed, the running of the limitations period resumes. 
Makes a conforming change.

SECTION 4. Amends Section 213.051(a), Labor Code, to make a conforming
change.  

SECTION 5. Effective date: September 1, 2001.
                      Makes application of this Act prospective.