By: Fraser S.B. No. 444
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a study of fraud in the unemployment insurance system.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 213, Labor Code, is amended
1-5 by adding Section 213.010 to read as follows:
1-6 Sec. 213.010. STUDY OF BENEFIT OVERPAYMENTS AND FRAUD.
1-7 (a) The state auditor shall conduct a study to determine, to the
1-8 fullest extent possible, the number of fraudulent claims filed and
1-9 paid under this subtitle and the number and dollar amount of
1-10 fraudulent premium underpayments by employers. The commission
1-11 shall use the study to establish the most effective fraud detection
1-12 system.
1-13 (b) If the state auditor determines that the study should be
1-14 conducted, in whole or in part, by another entity, the state
1-15 auditor may contract with one or more independent, nongovernmental
1-16 entities to conduct all or part of the study. Notwithstanding the
1-17 degree to which the state auditor participates in the study, the
1-18 state auditor is responsible for supervising the study and for
1-19 reporting the results of the study as provided by Subsection (e).
1-20 (c) The fraud detection system established as a result of
1-21 the study conducted under this section shall incorporate the
1-22 commission's automated system for filing and paying claims.
1-23 (d) In developing the study required under this section, the
1-24 state auditor shall use as a model analogous studies performed by
1-25 other governmental entities that administer benefit programs,
2-1 including the medical assistance program under Chapter 32, Human
2-2 Resources Code. In developing the study required by this section,
2-3 the state auditor shall consider studies performed by the United
2-4 States Department of Labor and other state employment security
2-5 agencies concerning the misclassification of workers and resulting
2-6 underpayments to the unemployment insurance trust fund, and shall
2-7 evaluate the use of targeted audits to reduce misclassification.
2-8 The study must include thorough research on fraudulent schemes and
2-9 methods of fraud detection used in other states and an analysis of
2-10 businesses and industries most affected by fraud under this
2-11 subtitle.
2-12 (e) The state auditor shall report the results of the study
2-13 to the presiding officer of each house of the legislature not later
2-14 than January 1, 2003.
2-15 SECTION 2. This Act takes effect immediately if it receives
2-16 a vote of two-thirds of all the members elected to each house, as
2-17 provided by Section 39, Article III, Texas Constitution. If this
2-18 Act does not receive the vote necessary for immediate effect, this
2-19 Act takes effect September 1, 2001.