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.