| 1 | 1 | | By: Lucio S.B. No. 1589 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to suspending the statute of limitations in the Texas |
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| 7 | 7 | | Unemployment Compensation Act during a lawsuit. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 213.033, Labor Code, is amended to read |
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| 10 | 10 | | as follows: |
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| 11 | 11 | | Sec. 213.033. LIMITATIONS. (a) The commission may not |
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| 12 | 12 | | begin a civil action in court or make an assessment under this |
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| 13 | 13 | | subchapter to collect a contribution, a penalty, or interest from |
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| 14 | 14 | | an employer after the third anniversary after the due date of the |
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| 15 | 15 | | contribution. |
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| 16 | 16 | | (b) The following actions suspend the running of the |
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| 17 | 17 | | limitations period prescribed under Subsection (a): |
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| 18 | 18 | | (1) an administrative hearing to redetermine the |
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| 19 | 19 | | liability for a contribution, a penalty, or interest pending before |
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| 20 | 20 | | the commission; and |
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| 21 | 21 | | (2) a judicial proceeding pending in a court of |
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| 22 | 22 | | competent jurisdiction to redetermine the liability for a |
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| 23 | 23 | | contribution, a penalty, or interest; and |
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| 24 | 24 | | (23) a bankruptcy case begun under Title 11 of the |
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| 25 | 25 | | United States Code pending before the court. |
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| 26 | 26 | | (c) After a hearing, judicial proceeding or case described |
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| 27 | 27 | | by Subsection (b) is closed, the running of the limitations period |
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| 28 | 28 | | prescribed under Subsection (a) resumes. |
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| 29 | 29 | | (d) In the case of a wilful attempt to evade the provisions |
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| 30 | 30 | | of this subtitle or a commission rule adopted under this subtitle, |
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| 31 | 31 | | the action or assessment may be begun or made at any time. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2017. |
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