| 1 | 1 | | 87R1195 JSC-D |
|---|
| 2 | 2 | | By: Rodriguez H.B. No. 4221 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a temporary waiver of certain unemployment benefit |
|---|
| 8 | 8 | | eligibility conditions and of the recovery of certain improper |
|---|
| 9 | 9 | | benefits. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter B, Chapter 207, Labor Code, is |
|---|
| 12 | 12 | | amended by adding Section 207.0213 to read as follows: |
|---|
| 13 | 13 | | Sec. 207.0213. TEMPORARY WAIVER OF CERTAIN ELIGIBILITY |
|---|
| 14 | 14 | | CONDITIONS. (a) Notwithstanding Section 207.021, if the commission |
|---|
| 15 | 15 | | finds that in any seven-day period the number of initial claims |
|---|
| 16 | 16 | | filed under this subtitle is more than five times the number of |
|---|
| 17 | 17 | | initial claims filed under this subtitle in the preceding seven-day |
|---|
| 18 | 18 | | period, the commission shall suspend for a period of 30 days the |
|---|
| 19 | 19 | | following eligibility conditions to authorize an individual who is |
|---|
| 20 | 20 | | otherwise eligible to receive benefits under this subtitle to |
|---|
| 21 | 21 | | receive those benefits: |
|---|
| 22 | 22 | | (1) the condition imposed under Section 207.021(a)(5) |
|---|
| 23 | 23 | | that an individual be actively seeking work; and |
|---|
| 24 | 24 | | (2) the condition imposed under Section 207.021(a)(8) |
|---|
| 25 | 25 | | that an individual have been totally or partially unemployed for a |
|---|
| 26 | 26 | | waiting period. |
|---|
| 27 | 27 | | (b) The period of a suspension imposed under Subsection (a) |
|---|
| 28 | 28 | | begins on the first day of the seven-day period in which the |
|---|
| 29 | 29 | | increased number of initial claims were filed. |
|---|
| 30 | 30 | | SECTION 2. Section 214.002, Labor Code, is amended by |
|---|
| 31 | 31 | | adding Subsection (a-1) to read as follows: |
|---|
| 32 | 32 | | (a-1) Notwithstanding Subsection (a) and except as |
|---|
| 33 | 33 | | otherwise provided by this subsection, if the commission finds that |
|---|
| 34 | 34 | | in any seven-day period the number of initial claims filed under |
|---|
| 35 | 35 | | this subtitle is more than five times the number of initial claims |
|---|
| 36 | 36 | | filed under this subtitle in the preceding seven-day period, the |
|---|
| 37 | 37 | | commission may not seek to recover the amount of any improper |
|---|
| 38 | 38 | | benefits received during the 30-day period beginning on the first |
|---|
| 39 | 39 | | day of the seven-day period in which the increased number of initial |
|---|
| 40 | 40 | | claims were filed. This subsection does not apply to improper |
|---|
| 41 | 41 | | benefits obtained by a person due to a nondisclosure or |
|---|
| 42 | 42 | | misrepresentation that is known or fraudulent. |
|---|
| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|