1-1 By: Yarbrough (Senate Sponsor - Carona) H.B. No. 1103
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Business and Commerce; May 3, 2001, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; May 3, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1103 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to enforcement by the Texas Workforce Commission of
1-11 certain laws regarding unemployment compensation.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 204.001, Labor Code, is amended to read as
1-14 follows:
1-15 Sec. 204.001. DEFINITION. In this chapter, "manual" means
1-16 the North American [Standard] Industrial Classification System
1-17 Manual published by the United States Office of Management and
1-18 Budget.
1-19 SECTION 2. Section 204.086(b), Labor Code, is amended to read
1-20 as follows:
1-21 (b) If not paid, the commission may bring an action under
1-22 Chapter 213 [suit] for the collection of a contribution, a penalty,
1-23 or interest as though the contribution, penalty, or interest had
1-24 been incurred by the successor employer.
1-25 SECTION 3. Section 213.025, Labor Code, is amended to read as
1-26 follows:
1-27 Sec. 213.025. ADDITIONAL INTEREST ON JUDGMENT OR FINAL
1-28 ASSESSMENT FOR PAST DUE CONTRIBUTION. For a judgment or final
1-29 assessment that grants recovery of the amount of a contribution and
1-30 the amount of interest computed at the maximum rate permitted under
1-31 Section 213.021(a), the part of the judgment or final assessment
1-32 for the amount of the contribution earns additional interest at the
1-33 rate of one percent for each month or part of a month it remains
1-34 unpaid.
1-35 SECTION 4. Section 213.032(e), Labor Code, is amended to read
1-36 as follows:
1-37 (e) An assessment that is not contested by the employer or
1-38 that is upheld after judicial review has the effect of a final
1-39 judgment of a district court and shall be recorded, enforced, and
1-40 renewed in the same manner. An assessment described by this
1-41 subsection is a final assessment.
1-42 SECTION 5. Sections 213.033(b) and (c), Labor Code, are
1-43 amended to read as follows:
1-44 (b) The following actions [proceedings] suspend the running
1-45 of the limitations period prescribed under Subsection (a):
1-46 (1) an administrative hearing [proceeding] to
1-47 redetermine the liability for a contribution, a penalty, or
1-48 interest pending before the commission; and
1-49 (2) a bankruptcy case [proceeding] begun under Title
1-50 11 of the United States Code pending before the court.
1-51 (c) After a hearing or case [proceeding] described by
1-52 Subsection (b) is closed [concluded], the running of the
1-53 limitations period prescribed under Subsection (a) resumes.
1-54 SECTION 6. Section 213.051(a), Labor Code, is amended to read
1-55 as follows:
1-56 (a) After a judgment is entered against an employer for a
1-57 contribution, a penalty, or interest or an assessment against an
1-58 employer under this chapter is final and execution returned
1-59 unsatisfied, an employer liable for the unpaid judgment or final
1-60 assessment may not employ an individual in this state until the
1-61 employer furnishes a surety bond.
1-62 SECTION 7. (a) This Act takes effect September 1, 2001.
1-63 (b) The changes in law made by this Act by the amendment of
1-64 Sections 213.025 and 213.051, Labor Code, apply only to a final
2-1 assessment issued on or after the effective date of this Act. A
2-2 final assessment issued before the effective date of this Act is
2-3 governed by the law in effect on the date the assessment was
2-4 issued, and the former law is continued in effect for that purpose.
2-5 (c) Section 204.001, Labor Code, as amended by this Act,
2-6 applies only to a claim for unemployment compensation benefits that
2-7 is filed with the Texas Workforce Commission on or after the
2-8 effective date of this Act. A claim filed before that date is
2-9 governed by the law in effect on the date the claim was filed, and
2-10 the former law is continued in effect for that purpose.
2-11 * * * * *