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A BILL TO BE ENTITLED
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AN ACT
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relating to liability for obtaining improper unemployment |
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compensation 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] OBTAINING |
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IMPROPER 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) Notwithstanding any other provision of this section, |
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if the commission fails to notify the person of the improper benefit |
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described by Subsection (b)(2) on or before the 120th day after the |
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date the person obtains the benefit, the benefit is not: |
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(1) considered an improper benefit; and |
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(2) recoverable by the commission. |
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(b) In this section, "improper benefit" means: |
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(1) the 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; or |
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(2) the benefit obtained by a person because of |
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commission error. |
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SECTION 3. Section 214.002, Labor Code, as amended by this |
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Act, applies only to a claim for unemployment compensation benefits |
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filed with the Texas Workforce Commission on or after the effective |
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date of this Act. A claim filed before the effective date of this |
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Act is governed by the law in effect on the date the claim was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |