| 1 | 1 | | 81R28683 ALB-D |
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| 2 | 2 | | By: Harless H.B. No. 4125 |
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| 3 | 3 | | Substitute the following for H.B. No. 4125: |
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| 4 | 4 | | By: Harless C.S.H.B. No. 4125 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to liability for obtaining improper unemployment |
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| 10 | 10 | | compensation benefits. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 214.002, Labor Code, is amended to read |
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| 13 | 13 | | as follows: |
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| 14 | 14 | | Sec. 214.002. LIABILITY FOR [IMPROPERLY] OBTAINING |
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| 15 | 15 | | IMPROPER BENEFITS. (a) A person who has received improper benefits |
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| 16 | 16 | | is liable for the amount of the improper benefits. The commission |
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| 17 | 17 | | may recover improper benefits by: |
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| 18 | 18 | | (1) deducting the amount of the improper benefits from |
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| 19 | 19 | | any future benefits payable to the person; or |
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| 20 | 20 | | (2) collecting the amount of the improper benefits for |
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| 21 | 21 | | the compensation fund in the same manner provided by Sections |
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| 22 | 22 | | 213.031, 213.032, 213.033, 213.035, and 213.051 for the collection |
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| 23 | 23 | | of past due contributions. |
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| 24 | 24 | | (b) In this section, "improper benefit" means any [the] |
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| 25 | 25 | | benefit or payment obtained under this subtitle by a person who was |
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| 26 | 26 | | or is subsequently disqualified or otherwise determined to be |
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| 27 | 27 | | ineligible to receive the benefit or payment for any reason under a |
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| 28 | 28 | | final determination or decision made under this subtitle[: |
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| 29 | 29 | | [(1) because of the nondisclosure or |
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| 30 | 30 | | misrepresentation by the person or by another of a material fact, |
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| 31 | 31 | | without regard to whether the nondisclosure or misrepresentation |
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| 32 | 32 | | was known or fraudulent; and |
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| 33 | 33 | | [(2) while: |
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| 34 | 34 | | [(A) any condition imposed by this subtitle for |
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| 35 | 35 | | the person's qualifying for the benefit was not fulfilled in the |
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| 36 | 36 | | person's case; or |
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| 37 | 37 | | [(B) the person was disqualified from receiving |
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| 38 | 38 | | benefits]. |
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| 39 | 39 | | (c) If a person receives improper benefits due to a mistake |
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| 40 | 40 | | by the commission, the commission shall begin to recover the |
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| 41 | 41 | | improper benefits not later than the first anniversary after the |
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| 42 | 42 | | date the last improper benefit was paid. Improper benefits under |
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| 43 | 43 | | this subsection may not be collected in the manner described by |
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| 44 | 44 | | Subsection (a)(2). The commission may recover the improper |
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| 45 | 45 | | benefits only by: |
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| 46 | 46 | | (1) deducting the amount of the improper benefits from |
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| 47 | 47 | | any future benefits payable to the person; or |
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| 48 | 48 | | (2) offering a payment plan to the person. |
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| 49 | 49 | | SECTION 2. The change in law made by this Act applies only |
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| 50 | 50 | | to a claim for unemployment compensation benefits filed with the |
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| 51 | 51 | | Texas Workforce Commission on or after the effective date of this |
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| 52 | 52 | | Act. A claim filed before the effective date of this Act is |
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| 53 | 53 | | governed by the law in effect on the date the claim was filed, and |
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| 54 | 54 | | the former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2009. |
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