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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of fraudulently obtained unemployment |
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benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 214.002, Labor Code, is |
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amended to read as follows: |
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Sec. 214.002. LIABILITY FOR IMPROPERLY OR FRAUDULENTLY |
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OBTAINING BENEFITS. |
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SECTION 2. Section 214.002, Labor Code, is amended by |
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adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) A person who receives benefits through the commission |
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of an offense under Section 214.001 is liable for the amount of the |
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fraudulently obtained benefits that the person received. The |
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commission may recover fraudulently obtained benefits by: |
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(1) any means described by Subsection (a) for the |
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recovery of improper benefits; or |
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(2) garnishment of wages. |
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(b) In this section: |
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(1) "Fraudulently obtained benefit" means a benefit |
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obtained by a person through the commission of an offense under |
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Section 214.001. |
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(2) "Improper [, "improper] benefit" means a [the] |
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benefit obtained by a person: |
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(A) [(1)] because of the nondisclosure or |
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misrepresentation by the person or by another of a material fact, |
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without regard to whether the nondisclosure or misrepresentation |
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was known or fraudulent; and |
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(B) [(2)] while: |
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(i) [(A)] any condition imposed by this |
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subtitle for the person's qualifying for the benefit was not |
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fulfilled in the person's case; or |
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(ii) [(B)] the person was disqualified from |
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receiving benefits. |
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SECTION 3. The changes in law made by this Act to Section |
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214.002, Labor Code, apply to benefits obtained through an offense |
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committed under Section 214.001, Labor Code, on or after the |
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effective date of this Act. Benefits obtained through an offense |
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committed before the effective date of this Act are governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect on the date on which the |
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constitutional amendment proposed by the 82nd Legislature, Regular |
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Session, 2011, authorizing garnishment of wages for the recovery of |
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fraudulently obtained unemployment benefits is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |