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.
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