Texas 2015 - 84th Regular

Texas House Bill HB2732 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Metcalf, Meyer (Senate Sponsor - Zaffirini) H.B. No. 2732
2		-	(In the Senate - Received from the House May 5, 2015;
3		-	May 6, 2015, read first time and referred to Committee on Natural
4		-	Resources and Economic Development; May 15, 2015, reported
5		-	favorably by the following vote: Yeas 9, Nays 1; May 15, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 2732
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to recovery of covered unemployment compensation debt
12	6		through participation in the federal Treasury Offset Program.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 214, Labor Code, is amended by adding
15	9		Section 214.009 to read as follows:
16	10		Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT
17	11		COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In
18	12		this section, "program" means the federal Treasury Offset Program
19	13		authorized by 26 U.S.C. Section 6402(f).
20	14		(b) The commission may collect the following covered
21	15		unemployment compensation debt through the program:
22	16		(1) a past-due debt for erroneous payment of benefits
23	17		due to fraud that has become final under law and remains
24	18		uncollected;
25	19		(2) a past-due debt for erroneous payment of benefits
26	20		due to a person's failure to report earnings, even if
27	21		non-fraudulent, that has become final under law and remains
28	22		uncollected;
29	23		(3) a past-due employer contribution owed to the
30	24		compensation fund for which the commission has determined the
31	25		person to be liable and that remains uncollected; and
32	26		(4) any penalties and interest assessed by the
33	27		commission on a debt described by Subdivision (1), (2), or (3).
34	28		(c) Before submitting covered unemployment compensation
35	29		debt for recovery under the program, the commission must:
36	30		(1) notify the debtor by regular United States mail
37	31		that the commission plans to recover the debt through the offset of
38	32		any federal tax refund;
39	33		(2) provide the debtor at least 60 days following the
40	34		date the notice is provided under Subdivision (1) to present to the
41	35		commission evidence that all or part of the debt is not:
42	36		(A) legally enforceable;
43	37		(B) due to fraud or unreported earnings; or
44	38		(C) a contribution owed to the compensation fund;
45	39		and
46	40		(3) consider any evidence presented by the debtor to
47	41		determine the amount of debt that is legally enforceable and owed.
48	42		(d) In considering evidence presented by a debtor under
49	43		Subsection (c), the commission may determine only whether the
50	44		debtor has demonstrated that the debt is not subject to recovery
51	45		through the program so that the commission is able to minimize
52	46		erroneous offsets. The commission may not review the initial
53	47		determination establishing the debtor's liability.
54	48		(e) The commission shall assess against the debtor the cost
55	49		of any administrative fee charged by the United States Department
56	50		of the Treasury for each offset. The commission may add the
57	51		assessed amount to the covered unemployment compensation debt that
58	52		is offset under the program.
59	53		SECTION 2. This Act takes effect September 1, 2015.
60		-	* * * * *
	54	+	______________________________ ______________________________
	55	+	President of the Senate Speaker of the House
	56	+	I certify that H.B. No. 2732 was passed by the House on May 4,
	57	+	2015, by the following vote: Yeas 128, Nays 11, 2 present, not
	58	+	voting.
	59	+	______________________________
	60	+	Chief Clerk of the House
	61	+	I certify that H.B. No. 2732 was passed by the Senate on May
	62	+	20, 2015, by the following vote: Yeas 26, Nays 4.
	63	+	______________________________
	64	+	Secretary of the Senate
	65	+	APPROVED: _____________________
	66	+	Date
	67	+	_____________________
	68	+	Governor