By Brimer                                             H.B. No. 1397
         77R1893 JMM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a study by the Texas Workforce Commission of fraud in
 1-3     the unemployment insurance system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 213, Labor Code, is amended
 1-6     by adding Section 213.010 to read as follows:
 1-7           Sec. 213.010.  STUDY OF BENEFIT OVERPAYMENTS AND FRAUD. (a)
 1-8     The commission shall conduct a study to determine, to the fullest
 1-9     extent possible, the number of fraudulent claims filed and paid
1-10     under this subtitle.  The commission shall use the study to
1-11     establish the most effective fraud detection system.
1-12           (b)  The fraud detection system established as a result of
1-13     the study conducted under this section shall incorporate the
1-14     commission's automated system for filing and paying claims.
1-15           (c)  In developing the study required under this section, the
1-16     commission shall use as a model analogous studies performed by
1-17     other governmental entities that administer benefit programs,
1-18     including  the medical assistance program under Chapter 32, Human
1-19     Resources Code.  The commission's study must include thorough
1-20     research on fraudulent schemes and methods of fraud detection used
1-21     in other states and an analysis of businesses and industries most
1-22     affected by fraud under this subtitle.
1-23           (d)  The commission shall report the results of the study to
1-24     the presiding officer of each house of the legislature not later
 2-1     than January 1, 2003.
 2-2           SECTION 2.  This Act takes effect immediately if it receives
 2-3     a vote of two-thirds of all the members elected to each house, as
 2-4     provided by Section 39, Article III, Texas Constitution.  If this
 2-5     Act does not receive the vote necessary for immediate effect, this
 2-6     Act takes effect September 1, 2001.
 2-7                          COMMITTEE AMENDMENT NO. 1
 2-8           Amend H.B. No. 1397 as follows:
 2-9           (1)  On Page 1, line 8, strike "commission" and insert
2-10     "Office of the State Auditor."
2-11           (2)  On Page 1, line 10, after "subtitle" insert "as well as
2-12     the number and amount of fraudulent premium underpayments by
2-13     employers."
2-14           (3)  On Page 1, between lines 11 and 12, insert the following
2-15     new subsection:
2-16           "(b)  If the Office of the State Auditor determines that such
2-17     study should be conducted in whole or in part by another entity,
2-18     the Office of the State Auditor may contract with one or more
2-19     independent, non-governmental entities to conduct part or all of
2-20     the study.  Notwithstanding its degree of participation in the
2-21     study, the Office of the State Auditor shall be responsible for
2-22     overseeing the study and for submitting the results as provided in
2-23     subsection (e)."
2-24           (4)  On Page 1, line 12, renumber subsection (b) to read
2-25     subsection (c).
2-26           (5)  On Page 1, line 15, renumber subsection (c) to read
2-27     subsection (d).
 3-1           (6)  On Page 1, line 16, strike "commission" and insert
 3-2     "Office of the State Auditor".
 3-3           (7)  On Page 1, line 19, after "Code.", insert "In developing
 3-4     the study required under this section, the Office of the State
 3-5     Auditor shall consider studies performed by the U.S. Department of
 3-6     Labor and other State Employment Security Agencies concerning the
 3-7     misclassification of workers resulting in underpayments to the UI
 3-8     Trust Fund, and shall specifically evaluate the use of targeted
 3-9     audits to reduce misclassification."
3-10           (8)  On Page 1, line 19, strike "commission's" and insert
3-11     "Office of the State Auditor's."
3-12           (9)  On Page 1, line 23, renumber subsection (d) to read
3-13     subsection (e).
3-14           (10)  On Page 1, line 23, strike "commission" and insert
3-15     "Office of the State Auditor".
3-16                                                                  Seaman