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79R2692 KSD-D

By:  Williams                                                     S.B. No. 789



A BILL TO BE ENTITLED

AN ACT

relating to the liability of a person who has obtained improper 
unemployment compensation benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 214.002, Labor Code, is amended to read 
as follows:      
	Sec. 214.002.  LIABILITY FOR [IMPROPERLY] OBTAINING 
IMPROPER BENEFITS.  (a)  A person who has received improper benefits 
is liable for the amount of the improper benefits.  The commission 
may recover improper benefits by:
		(1)  deducting the amount of the improper benefits from 
any future benefits payable to the person;
		(2)  employing a private collection agency to seek 
repayment of the amount of the improper benefits; or
		(3) [(2)]  collecting the amount of the improper 
benefits for the compensation fund in the same manner provided by 
Sections 213.031, 213.032, 213.033, 213.035, and 213.051 for the 
collection of past due contributions.
	(b)  In this section, "improper benefit" means any [the] 
benefit or payment obtained under this subtitle by a person who is 
disqualified or otherwise ineligible to receive the benefit or 
payment for any reason under a final determination or decision made 
under this subtitle [:
		[(1)  because of the nondisclosure or 
misrepresentation by the person or by another of a material fact, 
without regard to whether the nondisclosure or misrepresentation 
was known or fraudulent; and
		[(2)  while:                                                 
			[(A)  any condition imposed by this subtitle for 
the person's qualifying for the benefit was not fulfilled in the 
person's case; or
			[(B)  the person was disqualified from receiving 
benefits].
	SECTION 2.  The changes in law made by this Act apply only to 
unemployment compensation benefits based on a claim that is filed 
with the Texas Workforce Commission on or after the effective date 
of this Act.  A claim filed before the effective date of this Act is 
governed by the law in effect on the date the claim was filed, and 
the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.