By: Birdwell S.B. No. 1516

(In the Senate - Filed March 5, 2019; March 14, 2019, read first time and referred to Committee on Natural Resources & Economic Development; April 8, 2019, reported favorably by the following vote: Yeas 9, Nays 0; April 8, 2019, sent to printer.) Click here to see the committee vote

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. The heading to Section 214.002, Labor Code, is amended to read as follows:

Sec. 214.002. LIABILITY FOR [IMPROPERLY] OBTAINING IMPROPER BENEFITS.

SECTION 2. Section 214.002(b), Labor Code, is amended to read as follows:

(b) In this section, "improper benefit" means:

(1) the benefit obtained by a person:

(A) [(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

(B) [(2)] while:

(i) [(A)] any condition imposed by this subtitle for the person's qualifying for the benefit was not fulfilled in the person's case; or

(ii) [(B)] the person was disqualified from receiving benefits; or

(2) the benefit obtained by a person because of commission error.

SECTION 3. Section 214.002, Labor Code, as amended 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 4. This Act takes effect September 1, 2019.

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