81R28683 ALB-D
By: Harless H.B. No. 4125
Substitute the following for H.B. No. 4125:
By: Harless C.S.H.B. No. 4125
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. Section 214.002, Labor Code, is amended to read
as follows:
Sec. 214.002. LIABILITY FOR [IMPROPERLY] OBTAINING
IMPROPER BENEFITS. (a) A person who has received improper benefits
is liable for the amount of the improper benefits. The commission
may recover improper benefits by:
(1) deducting the amount of the improper benefits from
any future benefits payable to the person; or
(2) collecting the amount of the improper benefits for
the compensation fund in the same manner provided by Sections
213.031, 213.032, 213.033, 213.035, and 213.051 for the collection
of past due contributions.
(b) In this section, "improper benefit" means any [the]
benefit or payment obtained under this subtitle by a person who was
or is subsequently disqualified or otherwise determined to be
ineligible to receive the benefit or payment for any reason under a
final determination or decision made under this subtitle[:
[(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
[(2) while:
[(A) any condition imposed by this subtitle for
the person's qualifying for the benefit was not fulfilled in the
person's case; or
[(B) the person was disqualified from receiving
benefits].
(c) If a person receives improper benefits due to a mistake
by the commission, the commission shall begin to recover the
improper benefits not later than the first anniversary after the
date the last improper benefit was paid. Improper benefits under
this subsection may not be collected in the manner described by
Subsection (a)(2). The commission may recover the improper
benefits only by:
(1) deducting the amount of the improper benefits from
any future benefits payable to the person; or
(2) offering a payment plan to the person.
SECTION 2. The change in law made 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 3. This Act takes effect September 1, 2009.