Texas 2013 - 83rd Regular

Texas Senate Bill SB658 Compare Versions

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1	1	By: Deuell S.B. No. 658
2	2	(Smith)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition and collection of a penalty for
8	8	fraudulently obtaining unemployment compensation benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 203.201, Labor Code, is
11	11	amended to read as follows:
12	12	(b) The special administration fund consists of:
13	13	(1) all interest and penalties collected under this
14	14	subtitle, other than a penalty assessed under Section
15	15	214.003(a)(2); and
16	16	(2) any amounts received under any surety bond for
17	17	losses sustained by the special administration fund[; and
18	18	[(3) money transferred under Section 203.103].
19	19	SECTION 2. The heading to Section 214.003, Labor Code, is
20	20	amended to read as follows:
21	21	Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID
22	22	AND REMAINING BENEFITS; PENALTY.
23	23	SECTION 3. Section 214.003, Labor Code, is amended by
24	24	amending Subsections (a) and (c) and adding Subsection (d) to read
25	25	as follows:
26	26	(a) If, by wilful nondisclosure or misrepresentation of a
27	27	material fact, whether the nondisclosure or misrepresentation is
28	28	made by the person or for the person by another, a person receives a
29	29	benefit when a condition imposed by this subtitle for the person's
30	30	qualifying for the benefit is not fulfilled or the person is
31	31	disqualified from receiving the benefit:
32	32	(1) [,] the person forfeits the:
33	33	(A) [(1)] benefit received; and
34	34	(B) [(2)] rights to benefits that remain in the
35	35	benefit year in which the nondisclosure or misrepresentation
36	36	occurred; and
37	37	(2) the commission shall require the person to pay a
38	38	penalty in an amount equal to 15 percent of the amount forfeited
39	39	under Subdivision (1)(A).
40	40	(c) A forfeiture, [or] cancellation, or penalty imposed
41	41	under this section is effective only after the person has been
42	42	afforded an opportunity for a fair hearing before the commission or
43	43	its duly designated representative.
44	44	(d) A person who is assessed a penalty by the commission
45	45	under Subsection (a)(2) is liable for the amount of the penalty.
46	46	The commission may collect the penalty in the same manner as
47	47	provided by Sections 213.031, 213.032, 213.033, 213.035, and
48	48	213.051 for the collection of past-due contributions. The
49	49	commission shall deposit a penalty assessed under Subsection (a)(2)
50	50	in the unemployment compensation fund established under Section
51	51	203.021.
52	52	SECTION 4. Section 214.003, Labor Code, as amended by this
53	53	Act, applies only to a final determination made by the Texas
54	54	Workforce Commission or the commission's duly designated
55	55	representative on or after October 1, 2013, that a person received a
56	56	benefit due to a nondisclosure or misrepresentation. A final
57	57	determination made before that date is governed by the law in effect
58	58	on the date the determination was made, and the former law is
59	59	continued in effect for that purpose.
60	60	SECTION 5. This Act takes effect October 1, 2013.