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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to prevent and address fraud in the |
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administration of the Texas Unemployment Compensation Act; |
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providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 203.201(b), Labor Code, is amended to |
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read as follows: |
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(b) The special administration fund consists of: |
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(1) all interest and penalties collected under this |
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subtitle, other than a penalty assessed under Section 214.003 |
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[214.003(a)(2)]; and |
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(2) any amounts received under any surety bond for |
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losses sustained by the special administration fund. |
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SECTION 2. Section 207.021(a), Labor Code, is amended to |
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read as follows: |
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(a) Except as provided by Chapter 215, an unemployed |
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individual is eligible to receive benefits for a benefit period if |
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the individual: |
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(1) has registered for work at an employment office |
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and has continued to report to the employment office as required by |
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rules adopted by the commission; |
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(2) has made a claim for benefits under Section |
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208.001; |
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(3) is able to work; |
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(4) is available for work; |
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(5) is actively seeking work in accordance with rules |
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adopted by the commission; |
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(6) for the individual's base period, has benefit wage |
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credits: |
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(A) in at least two calendar quarters; and |
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(B) in an amount not less than 37 times the |
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individual's benefit amount; |
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(7) after the beginning date of the individual's most |
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recent prior benefit year, if applicable, earned wages in an amount |
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equal to not less than six times the individual's benefit amount; |
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(8) has been totally or partially unemployed for a |
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waiting period of at least seven consecutive days; [and] |
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(9) participates in reemployment services, such as a |
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job search assistance service, if the individual has been |
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determined, according to a profiling system established by the |
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commission, to be likely to exhaust eligibility for regular |
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benefits and to need those services to obtain new employment, |
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unless: |
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(A) the individual has completed participation |
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in such a service; or |
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(B) there is reasonable cause, as determined by |
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the commission, for the individual's failure to participate in |
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those services; and |
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(10) has verified the individual's identity in |
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accordance with rules adopted by the commission, which may include |
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requiring the individual to verify the individual's identity: |
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(A) by telephone or other electronic means; |
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(B) by an in-person meeting; or |
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(C) through an application developed by a |
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third-party vendor. |
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SECTION 3. Section 214.003, Labor Code, is amended by |
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adding Subsection (b-1) and amending Subsection (d) to read as |
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follows: |
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(b-1) If a person intentionally or knowingly makes a |
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materially false statement or misrepresentation to obtain benefits |
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in the name of another person: |
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(1) the person: |
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(A) forfeits: |
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(i) the benefit received; and |
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(ii) rights to benefits that remain in the |
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benefit year in which the false statement or misrepresentation |
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occurred; and |
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(B) is liable for the amount of the benefit |
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received, which may be recovered in the manner provided by Section |
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212.006 or 214.002, as applicable; and |
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(2) the commission shall require the person to pay a |
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penalty in an amount equal to 15 percent of the amount forfeited |
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under Subdivision (1)(A)(i). |
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(d) A person who is assessed a penalty by the commission |
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under this section [Subsection (a)(2)] is liable for the amount of |
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the penalty. The commission may collect the penalty in the same |
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manner as provided by Sections 212.006 and 214.002 [213.031, |
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213.032, 213.033, 213.035, and 213.051] for the collection of |
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past-due contributions. The commission shall deposit a penalty |
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assessed under this section [Subsection (a)(2)] in the unemployment |
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compensation fund established under Section 203.021. |
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SECTION 4. Subchapter F, Chapter 301, Labor Code, is |
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amended by adding Section 301.087 to read as follows: |
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Sec. 301.087. CERTAIN FRAUD DETECTION INFORMATION NOT |
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PUBLIC INFORMATION. (a) In this section, "fraud detection |
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information" means any information, including risk assessments, |
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reports, data, protocols, technology specifications, manuals, |
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instructions, investigative materials, crossmatches, mental |
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impressions, and communications, that may reveal the methods or |
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means by which the commission prevents, investigates, or evaluates |
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fraud in its administration of Subtitle A. |
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(b) Fraud detection information is not public information |
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for purposes of Chapter 552, Government Code, and is excepted from |
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the requirements of Section 552.021 of that code. |
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SECTION 5. The change in law made by this Act applies only |
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to a claim for unemployment compensation benefits filed with the |
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Texas Workforce Commission on or after the effective date of this |
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Act. A claim filed before the effective date of this Act is |
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governed by the law in effect on the date the claim was filed, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |