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