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