| 1 | 1 | | 87R3866 JSC-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 2407 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the repayment of unemployment benefits paid in error. |
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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. Chapter 214, Labor Code, is amended by adding |
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| 10 | 10 | | Section 214.0025 to read as follows: |
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| 11 | 11 | | Sec. 214.0025. REPAYMENT OF BENEFITS PAID IN ERROR. (a) |
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| 12 | 12 | | This section applies only to benefits to which a person was not |
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| 13 | 13 | | entitled that were paid to the person solely due to commission |
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| 14 | 14 | | error. |
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| 15 | 15 | | (b) The commission by rule shall establish a procedure under |
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| 16 | 16 | | which a person to whom benefits described by Subsection (a) have |
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| 17 | 17 | | been paid may, on request, repay the full or a partial amount of |
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| 18 | 18 | | those benefits under a repayment plan regardless of whether the |
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| 19 | 19 | | person is also requesting or receiving benefits under this chapter. |
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| 20 | 20 | | (c) The commission by rule shall: |
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| 21 | 21 | | (1) establish a procedure under which a person to whom |
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| 22 | 22 | | benefits described by Subsection (a) have been paid may apply to the |
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| 23 | 23 | | commission for a waiver of the requirement to repay the amount of |
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| 24 | 24 | | the benefits, or a portion of that amount, due to financial |
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| 25 | 25 | | hardship; and |
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| 26 | 26 | | (2) prescribe criteria to be used by the commission in |
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| 27 | 27 | | granting or denying a full or partial waiver under this section. |
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| 28 | 28 | | SECTION 2. As soon as practicable after the effective date |
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| 29 | 29 | | of this Act, the Texas Workforce Commission shall adopt all |
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| 30 | 30 | | necessary rules and prescribe all necessary forms to comply with |
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| 31 | 31 | | Section 214.0025, Labor Code, as added by this Act. |
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| 32 | 32 | | SECTION 3. (a) Except as otherwise provided by Subsection |
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| 33 | 33 | | (b) of this section, Section 214.0025, Labor Code, as added by this |
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| 34 | 34 | | Act, applies only to unemployment benefits paid in error on or after |
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| 35 | 35 | | the effective date of this Act. |
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| 36 | 36 | | (b) A person to whom unemployment benefits were paid in |
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| 37 | 37 | | error before the effective date of this Act may request a repayment |
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| 38 | 38 | | plan or apply for a waiver of the repayment requirement under |
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| 39 | 39 | | Section 214.0025, Labor Code, as added by this Act, with respect to |
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| 40 | 40 | | any outstanding amount of those benefits owed to the Texas |
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| 41 | 41 | | Workforce Commission by the person on that date. |
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| 42 | 42 | | SECTION 4. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2021. |
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