| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to liability for obtaining 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; or |
|
|
(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 was |
|
|
or is subsequently disqualified or otherwise determined to be |
|
|
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]. |
|
|
(c) If a person receives improper benefits due to a mistake |
|
|
by the commission, the commission shall begin to recover the |
|
|
improper benefits not later than the first anniversary after the |
|
|
date the last improper benefit was paid. Improper benefits under |
|
|
this subsection may not be collected in the manner described by |
|
|
Subsection (a)(2). The commission may recover the improper |
|
|
benefits only by: |
|
|
(1) deducting the amount of the improper benefits from |
|
|
any future benefits payable to the person; or |
|
|
(2) offering a payment plan to the person. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a claim for unemployment compensation benefits 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, 2009. |