82R13559 JSC-D
By: Legler H.B. No. 2956
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of fraudulently obtained unemployment
benefits or of taxes or fees owed to the state.
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 OR FRAUDULENTLY
OBTAINING BENEFITS.
SECTION 2. Section 214.002, Labor Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) A person who receives benefits through the commission
of an offense under Section 214.001 is liable for the amount of the
fraudulently obtained benefits that the person received. The
commission may recover fraudulently obtained benefits by:
(1) any means described by Subsection (a) for the
recovery of improper benefits; or
(2) garnishment of wages.
(b) In this section:
(1) "Fraudulently obtained benefit" means a benefit
obtained by a person through the commission of an offense under
Section 214.001.
(2) "Improper [, "improper] benefit" means a [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.
SECTION 3. Subchapter A, Chapter 111, Tax Code, is amended
by adding Section 111.025 to read as follows:
Sec. 111.025. GARNISHMENT OF WAGES. The comptroller may
recover a tax or fee owed to the state by a person by garnishing the
person's wages if a final judgment has been entered by a court
establishing the amount owed.
SECTION 4. The changes in law made by this Act to Section
214.002, Labor Code, apply to benefits obtained through an offense
committed under Section 214.001, Labor Code, on or after the
effective date of this Act. Benefits obtained through an offense
committed before the effective date of this Act are governed by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 5. Section 111.025, Tax Code, as added by this Act,
applies to a tax or fee that is imposed on or after the effective
date of this Act. A tax or fee imposed before the effective date of
this Act is governed by the law in effect when the tax or fee was
imposed, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect on the date on which the
constitutional amendment proposed by the 82nd Legislature, Regular
Session, 2011, authorizing garnishment of wages for the recovery of
fraudulently obtained unemployment benefits or of taxes or fees
owed to the state is approved by the voters. If that amendment is
not approved by the voters, this Act has no effect.