1-1 AN ACT
1-2 relating to enforcement by the Texas Workforce Commission of
1-3 certain laws regarding unemployment compensation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 204.001, Labor Code, is amended to read as
1-6 follows:
1-7 Sec. 204.001. DEFINITION. In this chapter, "manual" means
1-8 the North American [Standard] Industrial Classification System
1-9 Manual published by the United States Office of Management and
1-10 Budget.
1-11 SECTION 2. Section 204.086(b), Labor Code, is amended to read
1-12 as follows:
1-13 (b) If not paid, the commission may bring an action under
1-14 Chapter 213 [suit] for the collection of a contribution, a penalty,
1-15 or interest as though the contribution, penalty, or interest had
1-16 been incurred by the successor employer.
1-17 SECTION 3. Section 213.025, Labor Code, is amended to read as
1-18 follows:
1-19 Sec. 213.025. ADDITIONAL INTEREST ON JUDGMENT OR FINAL
1-20 ASSESSMENT FOR PAST DUE CONTRIBUTION. For a judgment or final
1-21 assessment that grants recovery of the amount of a contribution and
1-22 the amount of interest computed at the maximum rate permitted under
1-23 Section 213.021(a), the part of the judgment or final assessment
1-24 for the amount of the contribution earns additional interest at the
2-1 rate of one percent for each month or part of a month it remains
2-2 unpaid.
2-3 SECTION 4. Section 213.032(e), Labor Code, is amended to read
2-4 as follows:
2-5 (e) An assessment that is not contested by the employer or
2-6 that is upheld after judicial review has the effect of a final
2-7 judgment of a district court and shall be recorded, enforced, and
2-8 renewed in the same manner. An assessment described by this
2-9 subsection is a final assessment.
2-10 SECTION 5. Sections 213.033(b) and (c), Labor Code, are
2-11 amended to read as follows:
2-12 (b) The following actions [proceedings] suspend the running
2-13 of the limitations period prescribed under Subsection (a):
2-14 (1) an administrative hearing [proceeding] to
2-15 redetermine the liability for a contribution, a penalty, or
2-16 interest pending before the commission; and
2-17 (2) a bankruptcy case [proceeding] begun under Title
2-18 11 of the United States Code pending before the court.
2-19 (c) After a hearing or case [proceeding] described by
2-20 Subsection (b) is closed [concluded], the running of the
2-21 limitations period prescribed under Subsection (a) resumes.
2-22 SECTION 6. Section 213.051(a), Labor Code, is amended to read
2-23 as follows:
2-24 (a) After a judgment is entered against an employer for a
2-25 contribution, a penalty, or interest or an assessment against an
2-26 employer under this chapter is final and execution returned
2-27 unsatisfied, an employer liable for the unpaid judgment or final
3-1 assessment may not employ an individual in this state until the
3-2 employer furnishes a surety bond.
3-3 SECTION 7. (a) This Act takes effect September 1, 2001.
3-4 (b) The changes in law made by this Act by the amendment of
3-5 Sections 213.025 and 213.051, Labor Code, apply only to a final
3-6 assessment issued on or after the effective date of this Act. A
3-7 final assessment issued before the effective date of this Act is
3-8 governed by the law in effect on the date the assessment was
3-9 issued, and the former law is continued in effect for that purpose.
3-10 (c) Section 204.001, Labor Code, as amended by this Act,
3-11 applies only to a claim for unemployment compensation benefits that
3-12 is filed with the Texas Workforce Commission on or after the
3-13 effective date of this Act. A claim filed before that date is
3-14 governed by the law in effect on the date the claim was filed, and
3-15 the former law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1103 was passed by the House on April
5, 2001, by the following vote: Yeas 139, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1103 on May 15, 2001, by the following vote: Yeas 147, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1103 was passed by the Senate, with
amendments, on May 10, 2001, by the following vote: Yeas 29, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor