| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to suspending the statute of limitations in the Texas |
|
|
Unemployment Compensation Act during a lawsuit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
| |
|
|
SECTION 1. Section 213.033, Labor Code, is amended to read |
|
|
as follows: |
|
|
Sec. 213.033. LIMITATIONS. (a) The commission may not |
|
|
begin a civil action in court or make an assessment under this |
|
|
subchapter to collect a contribution, a penalty, or interest from |
|
|
an employer after the third anniversary after the due date of the |
|
|
contribution. |
|
|
(b) The following actions suspend the running of the |
|
|
limitations period prescribed under Subsection (a): |
|
|
(1) an administrative hearing to redetermine the |
|
|
liability for a contribution, a penalty, or interest pending before |
|
|
the commission; and
|
|
|
(2) a judicial proceeding pending in a court of |
|
|
competent jurisdiction to redetermine the liability for a |
|
|
contribution, a penalty, or interest; and |
|
|
(23) a bankruptcy case begun under Title 11 of the |
|
|
United States Code pending before the court. |
|
|
(c) After a hearing, judicial proceeding or case described |
|
|
by Subsection (b) is closed, the running of the limitations period |
|
|
prescribed under Subsection (a) resumes. |
|
|
(d) In the case of a wilful attempt to evade the provisions |
|
|
of this subtitle or a commission rule adopted under this subtitle, |
|
|
the action or assessment may be begun or made at any time. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2017. |