Texas House Bill HJR122

Texas 2011 - 82nd Regular

• Out of House Committee: 4/15/11
• Introduced: 3/8/11
• Refer: 3/14/11
• Report Pass: 4/14/11

Caption

Proposing a constitutional amendment authorizing garnishment of wages for the recovery of fraudulently obtained unemployment benefits.

Impact

If this constitutional amendment is approved by voters and enacted, it will significantly change the landscape of wage protections in Texas. It allows for the state to reclaim taxpayer money that was lost to fraudulent claims by enabling employers to directly withhold a portion of wages from individuals found to have improperly accessed unemployment benefits. The amendment’s intent is to deter fraudulent activity within the unemployment benefit system, potentially leading to increased compliance and integrity in how benefits are distributed.

Summary

HJR122 is a joint resolution proposing a constitutional amendment that would allow for the garnishment of wages to recover fraudulently obtained unemployment benefits. This amendment seeks to amend Section 28 of Article XVI of the Texas Constitution, which currently prohibits the garnishment of wages except in specific circumstances such as child support and spousal maintenance. By including fraudulently obtained unemployment benefits as a valid reason for garnishment, the bill aims to provide a mechanism for the recovery of funds that have been wrongfully received by individuals.

Contention

The bill could generate controversy, particularly from stakeholders concerned about the implications of garnishing wages. While supporters may argue that it is a necessary tool for combating fraud and protecting public resources, opponents might raise concerns regarding the potential impact on innocent individuals whose benefits were wrongfully classified as fraudulent. There is also the question of whether such measures may create financial hardship for those who are already vulnerable and rely on unemployment support during challenging times.