Texas 2023 - 88th Regular

Texas House Bill HB4902 Compare Versions

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1	1	88R6956 RDS-F
2	2	By: Patterson H.B. No. 4902
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of certain individuals for unemployment
8	8	benefits and the validity of certain claims for unemployment
9	9	benefits submitted to the Texas Workforce Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 207.021(a), Labor Code, is amended to
12	12	read as follows:
13	13	(a) Except as provided by Chapter 215, an unemployed
14	14	individual is eligible to receive benefits for a benefit period if
15	15	the individual:
16	16	(1) has registered for work at an employment office
17	17	and has continued to report to the employment office as required by
18	18	rules adopted by the commission;
19	19	(2) has made a claim for benefits under Section
20	20	208.001;
21	21	(3) is able to work;
22	22	(4) is available for work;
23	23	(5) [is actively seeking work] in accordance with
24	24	rules adopted by the commission:
25	25	(A) is actively seeking work; and
26	26	(B) during each week of the benefit period,
27	27	performed at least four of the following work search activities,
28	28	subject to verification by the commission:
29	29	(i) completed and submitted an application
30	30	for a job, other than an application submitted while attending a job
31	31	fair;
32	32	(ii) submitted a resume to an employer that
33	33	advertised an active job opening;
34	34	(iii) attended a job fair and submitted at
35	35	least one application for a job while attending the job fair;
36	36	(iv) participated in a job interview;
37	37	(v) after submitting a resume or
38	38	application or participating in a job interview, responded to an
39	39	employer's inquiry; or
40	40	(vi) participated in a work search or
41	41	professional training sponsored or approved by the commission;
42	42	(6) for the individual's base period, has benefit wage
43	43	credits:
44	44	(A) in at least two calendar quarters; and
45	45	(B) in an amount not less than 37 times the
46	46	individual's benefit amount;
47	47	(7) after the beginning date of the individual's most
48	48	recent prior benefit year, if applicable, earned wages in an amount
49	49	equal to not less than six times the individual's benefit amount;
50	50	(8) has been totally or partially unemployed for a
51	51	waiting period of at least seven consecutive days; and
52	52	(9) participates in reemployment services, such as a
53	53	job search assistance service, if the individual has been
54	54	determined, according to a profiling system established by the
55	55	commission, to be likely to exhaust eligibility for regular
56	56	benefits and to need those services to obtain new employment,
57	57	unless:
58	58	(A) the individual has completed participation
59	59	in such a service; or
60	60	(B) there is reasonable cause, as determined by
61	61	the commission, for the individual's failure to participate in
62	62	those services.
63	63	SECTION 2. Section 207.047, Labor Code, is amended by
64	64	amending Subsection (a) and adding Subsection (c) to read as
65	65	follows:
66	66	(a) An individual is disqualified for benefits if during the
67	67	individual's current benefit year, the individual failed, without
68	68	good cause, to:
69	69	(1) apply for available, suitable work when directed
70	70	to do so by the commission;
71	71	(2) accept suitable work offered to the individual;
72	72	[or]
73	73	(3) return to the individual's customary
74	74	self-employment, if any, when directed to do so by the commission;
75	75	or
76	76	(4) respond to an employer's request for an interview
77	77	or to attend a scheduled interview.
78	78	(c) An employer shall report to the commission any
79	79	individual who:
80	80	(1) refuses to return to work;
81	81	(2) refuses a suitable offer of employment;
82	82	(3) fails to respond to the employer's request for an
83	83	interview; or
84	84	(4) fails to attend a scheduled interview.
85	85	SECTION 3. Section 208.021(b), Labor Code, is amended to
86	86	read as follows:
87	87	(b) For each valid initial claim, the commission shall
88	88	determine:
89	89	(1) the claimant's identity;
90	90	(2) the claimant's benefit year;
91	91	(3) [(2)] the benefit amount for total unemployment;
92	92	and
93	93	(4) [(3)] the duration of benefits.
94	94	SECTION 4. Subchapter B, Chapter 208, Labor Code, is
95	95	amended by adding Sections 208.0211 and 208.0212 to read as
96	96	follows:
97	97	Sec. 208.0211. DETERMINATION OF CLAIM VALIDITY. (a) In
98	98	determining the validity of a claim under Section 208.021, the
99	99	commission shall cross-check all new and recurring claims against:
100	100	(1) the integrity data hub operated by the National
101	101	Association of State Workforce Agencies;
102	102	(2) the national directory of new hires maintained by
103	103	the federal Office of Child Support Enforcement and a directory of
104	104	new hires maintained by any other state;
105	105	(3) death records maintained by this state;
106	106	(4) records of persons who are incarcerated maintained
107	107	by the Texas Department of Criminal Justice and the Federal Bureau
108	108	of Prisons; and
109	109	(5) the multifactor authentication mechanism
110	110	established under Subsection (b).
111	111	(b) For purposes of determining a claimant's identity under
112	112	this section, the commission shall establish a multifactor
113	113	authentication mechanism to verify the identity of a claimant who
114	114	files a claim with the commission using the commission's Internet
115	115	website. The multifactor authentication mechanism must verify at
116	116	least two forms of identification submitted by the claimant.
117	117	(c) The commission shall perform an additional cross-check
118	118	and identity determination in the manner described by Subsections
119	119	(a) and (b), as applicable, for each claim in which more than one
120	120	claim is filed:
121	121	(1) using the commission's Internet website and
122	122	originating from the same Internet protocol address;
123	123	(2) by mail using the same mailing address; or
124	124	(3) in association with the same bank account.
125	125	(d) The commission shall enter into a data-sharing
126	126	agreement with each state agency that administers a social welfare
127	127	program. The data-sharing agreement must provide that the state
128	128	agency notify the commission if a person enrolled in a social
129	129	welfare program administered by the agency becomes employed. For
130	130	purposes of this subsection, "state agency" means a board,
131	131	commission, department, or other agency in the executive branch of
132	132	state government.
133	133	(e) On confirmation that an individual no longer has a valid
134	134	claim, the commission shall suspend the payment of benefits
135	135	immediately.
136	136	Sec. 208.0212. ANNUAL REPORT. Not later than March 1 of
137	137	each year, the commission shall submit a report to the legislature
138	138	relating to the validity of claims submitted to the commission
139	139	under this chapter. The report must include:
140	140	(1) the percentage of claims for benefits for which
141	141	the commission was unable to perform a cross-check, as required by
142	142	Section 208.0211, before paying or continuing to pay benefits under
143	143	this subtitle during the preceding calendar year;
144	144	(2) the total amount of benefits paid to claimants who
145	145	the commission later found made false statements in their claims
146	146	for those benefits during the preceding calendar year;
147	147	(3) the number of invalid claims that the commission
148	148	determined were invalid by conducting a cross-check required by
149	149	Section 208.0211 and the estimated dollar amount of savings to this
150	150	state, determined by the commission based on:
151	151	(A) the number of claims the commission
152	152	determined were invalid under this subdivision;
153	153	(B) the average number of weeks each claimant
154	154	received benefits under this subtitle; and
155	155	(C) the average weekly benefit amount
156	156	distributed to each claimant under this subtitle; and
157	157	(4) for the total amount of benefits paid for invalid
158	158	claims during the preceding calendar year, a list of at least four
159	159	of the primary reasons why the commission was not able to recover
160	160	those benefit payments.
161	161	SECTION 5. Sections 214.003(a) and (b), Labor Code, are
162	162	amended to read as follows:
163	163	(a) If, by wilful nondisclosure or misrepresentation of a
164	164	material fact, whether the nondisclosure or misrepresentation is
165	165	made by the person or for the person by another, a person receives a
166	166	benefit when a condition imposed by this subtitle for the person's
167	167	qualifying for the benefit is not fulfilled or the person is
168	168	disqualified from receiving the benefit:
169	169	(1) the person forfeits the:
170	170	(A) benefit received; [and]
171	171	(B) rights to benefits that remain in the benefit
172	172	year in which the nondisclosure or misrepresentation occurred; and
173	173	(C) rights to any benefits under this subtitle
174	174	until the earlier of:
175	175	(i) the end of the fifth calendar year
176	176	following the last day of the benefit year in which the
177	177	nondisclosure or misrepresentation occurred; or
178	178	(ii) the date that the commission recovered
179	179	from the claimant any benefits received by wilful nondisclosure or
180	180	misrepresentation of a material fact and any penalty imposed under
181	181	this section; and
182	182	(2) the commission shall require the person to pay a
183	183	penalty in an amount equal to 15 percent of the amount forfeited
184	184	under Subdivision (1)(A).
185	185	(b) If a person attempts to obtain or increase benefits by a
186	186	nondisclosure or misrepresentation as provided by Subsection (a),
187	187	the commission shall [may] cancel the person's right to benefits
188	188	that remain in the benefit year in which the nondisclosure or
189	189	misrepresentation occurred and the person shall forfeit rights to
190	190	any benefit under this subtitle until the end of the fifth calendar
191	191	year following the last day of the benefit year in which the
192	192	attempted nondisclosure or misrepresentation occurred.
193	193	SECTION 6. The changes in law made by this Act apply only to
194	194	a claim for unemployment compensation benefits filed with the Texas
195	195	Workforce Commission on or after the effective date of this Act. A
196	196	claim filed before the effective date of this Act is governed by the
197	197	law in effect on the date the claim was filed, and the former law is
198	198	continued in effect for that purpose.
199	199	SECTION 7. This Act takes effect October 1, 2023.