By: Birdwell S.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
relating to liability for obtaining improper unemployment
compensation benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 214.002, Labor Code, is
amended to read as follows:
Sec. 214.002. LIABILITY FOR [IMPROPERLY] OBTAINING
IMPROPER BENEFITS.
SECTION 2. Section 214.002, Labor Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) Notwithstanding any other provision of this section,
if the commission fails to notify the person of the improper benefit
described by Subsection (b)(2) on or before the 120th day after the
date the person obtains the benefit, the benefit is not:
(1) considered an improper benefit; and
(2) recoverable by the commission.
(b) In this section, "improper benefit" means:
(1) the benefit obtained by a person:
(A) [(1)] because of the nondisclosure or
misrepresentation by the person or by another of a material fact,
without regard to whether the nondisclosure or misrepresentation
was known or fraudulent; and
(B) [(2)] while:
(i) [(A)] any condition imposed by this
subtitle for the person's qualifying for the benefit was not
fulfilled in the person's case; or
(ii) [(B)] the person was disqualified from
receiving benefits; or
(2) the benefit obtained by a person because of
commission error.
SECTION 3. Section 214.002, Labor Code, as amended by this
Act, applies only to a claim for unemployment compensation benefits
filed with the Texas Workforce Commission on or after the effective
date of this Act. A claim filed before the effective date of this
Act is governed by the law in effect on the date the claim was filed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.