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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for the refund of certain unemployment |
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compensation benefits to the Texas Workforce Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 212.006, Labor Code, is amended to read |
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as follows: |
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Sec. 212.006. RECOVERY OF BENEFITS PAID. (a) Benefits paid |
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to a claimant that are not in accordance with the final decision |
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shall be: |
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(1) refunded by the claimant to the commission; [or] |
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(2) in the discretion of the commission, deducted from |
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future benefits payable to the claimant under this subtitle; or |
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(3) refunded to the commission by a person the |
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commission has determined at fault for failing, without good cause, |
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to respond adequately to a request from the commission for |
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information relating to the claim. |
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(b) Benefits paid that are not in accordance with the final |
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decision are also collectible from the claimant or a person |
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described by Subsection (a)(3) in the manner provided by Sections |
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213.031, 213.032, 213.033, 213.035, and 213.051 for the collection |
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of past due contributions. |
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(c) If the commission determines that a person other than |
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the claimant is liable under Subsection (a)(3) for the refund of |
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benefits paid to the claimant that are not in accordance with the |
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final decision, the claimant is not liable for refund of those |
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benefits. |
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(d) For purposes of Subsection (a)(3), a person's failure to |
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respond adequately to a request for information from the commission |
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may include the person's failure to provide accurate information, |
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more detailed information, or clarifying information on material |
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facts relating to the claim. |
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SECTION 2. Section 214.002(a), Labor Code, is amended to |
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read as follows: |
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(a) A person who has received improper benefits is liable |
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for the amount of the improper benefits unless the commission has |
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determined that another person is liable to the commission for the |
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refund of those benefits under Section 212.006(a)(3). The |
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commission may recover improper benefits by: |
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(1) deducting the amount of the improper benefits from |
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any future benefits payable to the person; or |
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(2) collecting the amount of the improper benefits for |
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the compensation fund in the same manner provided by Sections |
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213.031, 213.032, 213.033, 213.035, and 213.051 for the collection |
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of past due contributions. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim for unemployment compensation benefits that is filed |
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with the Texas Workforce Commission on or after the effective date |
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of this Act. A claim filed before that date is governed by the law |
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in effect on the date that the claim was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |