82R8073 RWG-D
By: Legler H.B. No. 2955
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 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].
SECTION 3. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after the effective date
of this Act. A claim filed before that date is governed by the law
in effect on the date that the claim was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.