By Carona                                             S.B. No. 1136
         77R5479 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enforcement of certain laws regarding unemployment
 1-3     compensation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 213.025, Labor Code, is amended to read as
 1-6     follows:
 1-7           Sec. 213.025.  ADDITIONAL INTEREST ON JUDGMENT OR FINAL
 1-8     ASSESSMENT FOR PAST DUE CONTRIBUTION.  For a judgment or final
 1-9     assessment that grants recovery of the amount of a contribution and
1-10     the amount of interest computed at the maximum rate permitted under
1-11     Section 213.021(a), the part of the judgment or final assessment
1-12     for the amount of the contribution earns additional interest at the
1-13     rate of one percent for each month or part of a month it remains
1-14     unpaid.
1-15           SECTION 2. Section 213.032(e), Labor Code, is amended to read
1-16     as follows:
1-17           (e)  An assessment that is not contested by the employer or
1-18     that is upheld after judicial review has the effect of a final
1-19     judgment of a district court and shall be recorded, enforced, and
1-20     renewed in the same manner.  An assessment described by this
1-21     subsection is a final assessment.
1-22           SECTION 3.  Sections 213.033(b) and (c), Labor Code, are
1-23     amended to read as follows:
1-24           (b)  The following actions [proceedings] suspend the running
 2-1     of the limitations period prescribed under Subsection (a):
 2-2                 (1)  an administrative hearing [proceeding] to
 2-3     redetermine the liability for a contribution, a penalty, or
 2-4     interest pending before the commission; and
 2-5                 (2)  a bankruptcy case [proceeding] begun under Title
 2-6     11 of the United States Code pending before the court.
 2-7           (c)  After a hearing or case [proceeding] described by
 2-8     Subsection (b) is closed [concluded], the running of the
 2-9     limitations period prescribed under Subsection (a) resumes.
2-10           SECTION 4.  Section 213.051(a), Labor Code, is amended to
2-11     read as follows:
2-12           (a)  After a judgment is entered against an employer for a
2-13     contribution, a penalty, or interest or an assessment against an
2-14     employer under this chapter is final and execution returned
2-15     unsatisfied, an employer liable for the unpaid judgment or final
2-16     assessment may not employ an individual in this state until the
2-17     employer furnishes a surety bond.
2-18           SECTION 5.  (a)  This Act takes effect September 1, 2001.
2-19           (b)  The changes in law made by this Act by the amendment of
2-20     Sections 213.025 and 213.051, Labor Code, apply only to a final
2-21     assessment issued on or after the effective date of this Act.  A
2-22     final assessment issued before the effective date of this Act is
2-23     governed by the law in effect on the date the assessment was
2-24     issued, and the former law is continued in effect for that purpose.