| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to liability for obtaining improper unemployment |
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| 8 | 7 | | compensation benefits. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. The heading to Section 214.002, Labor Code, is |
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| 11 | 10 | | amended to read as follows: |
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| 12 | 11 | | Sec. 214.002. LIABILITY FOR [IMPROPERLY] OBTAINING |
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| 13 | 12 | | IMPROPER BENEFITS. |
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| 14 | 13 | | SECTION 2. Section 214.002, Labor Code, is amended by |
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| 15 | 14 | | adding Subsection (a-1) and amending Subsection (b) to read as |
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| 16 | 15 | | follows: |
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| 17 | 16 | | (a-1) Notwithstanding any other provision of this section, |
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| 18 | 17 | | if the commission fails to notify the person of the improper benefit |
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| 19 | 18 | | described by Subsection (b)(2) on or before the 120th day after the |
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| 20 | 19 | | date the person obtains the benefit, the benefit is not: |
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| 21 | 20 | | (1) considered an improper benefit; and |
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| 22 | 21 | | (2) recoverable by the commission. |
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| 23 | 22 | | (b) In this section, "improper benefit" means: |
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| 24 | 23 | | (1) the benefit obtained by a person: |
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| 25 | 24 | | (A) [(1)] because of the nondisclosure or |
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| 26 | 25 | | misrepresentation by the person or by another of a material fact, |
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| 27 | 26 | | without regard to whether the nondisclosure or misrepresentation |
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| 28 | 27 | | was known or fraudulent; and |
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| 29 | 28 | | (B) [(2)] while: |
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| 30 | 29 | | (i) [(A)] any condition imposed by this |
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| 31 | 30 | | subtitle for the person's qualifying for the benefit was not |
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| 32 | 31 | | fulfilled in the person's case; or |
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| 33 | 32 | | (ii) [(B)] the person was disqualified from |
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| 34 | 33 | | receiving benefits; or |
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| 35 | 34 | | (2) the benefit obtained by a person because of |
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| 36 | 35 | | commission error. |
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| 37 | 36 | | SECTION 3. Section 214.002, Labor Code, as amended by this |
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| 38 | 37 | | Act, applies only to a claim for unemployment compensation benefits |
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| 39 | 38 | | filed with the Texas Workforce Commission on or after the effective |
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| 40 | 39 | | date of this Act. A claim filed before the effective date of this |
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| 41 | 40 | | Act is governed by the law in effect on the date the claim was filed, |
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| 42 | 41 | | and the former law is continued in effect for that purpose. |
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| 43 | 42 | | SECTION 4. This Act takes effect September 1, 2019. |
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