87R3866 JSC-D
By: Rodriguez H.B. No. 2407
A BILL TO BE ENTITLED
AN ACT
relating to the repayment of unemployment benefits paid in error.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 214, Labor Code, is amended by adding
Section 214.0025 to read as follows:
Sec. 214.0025. REPAYMENT OF BENEFITS PAID IN ERROR. (a)
This section applies only to benefits to which a person was not
entitled that were paid to the person solely due to commission
error.
(b) The commission by rule shall establish a procedure under
which a person to whom benefits described by Subsection (a) have
been paid may, on request, repay the full or a partial amount of
those benefits under a repayment plan regardless of whether the
person is also requesting or receiving benefits under this chapter.
(c) The commission by rule shall:
(1) establish a procedure under which a person to whom
benefits described by Subsection (a) have been paid may apply to the
commission for a waiver of the requirement to repay the amount of
the benefits, or a portion of that amount, due to financial
hardship; and
(2) prescribe criteria to be used by the commission in
granting or denying a full or partial waiver under this section.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Workforce Commission shall adopt all
necessary rules and prescribe all necessary forms to comply with
Section 214.0025, Labor Code, as added by this Act.
SECTION 3. (a) Except as otherwise provided by Subsection
(b) of this section, Section 214.0025, Labor Code, as added by this
Act, applies only to unemployment benefits paid in error on or after
the effective date of this Act.
(b) A person to whom unemployment benefits were paid in
error before the effective date of this Act may request a repayment
plan or apply for a waiver of the repayment requirement under
Section 214.0025, Labor Code, as added by this Act, with respect to
any outstanding amount of those benefits owed to the Texas
Workforce Commission by the person on that date.
SECTION 4. 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, 2021.