Bill Text: TX SB1516 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to liability for obtaining improper unemployment compensation benefits.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-05-16 - Committee report sent to Calendars [SB1516 Detail]

Download: Texas-2019-SB1516-Comm_Sub.html
 
 
  By: Birdwell S.B. No. 1516
 
  (Vo)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to liability for obtaining improper unemployment
  compensation benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 214.002, Labor Code, is
  amended to read as follows:
         Sec. 214.002.  LIABILITY FOR [IMPROPERLY] OBTAINING
  IMPROPER BENEFITS.
         SECTION 2.  Section 214.002, Labor Code, is amended by
  adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  Notwithstanding any other provision of this section,
  if the commission fails to notify the person of the improper benefit
  described by Subsection (b)(2) on or before the 120th day after the
  date the person obtains the benefit, the benefit is not:
               (1) considered an improper benefit; and
               (2) recoverable by the commission.
         (b)  In this section, "improper benefit" means:
               (1)  the benefit obtained by a person:
                     (A) [(1)]  because of the nondisclosure or
  misrepresentation by the person or by another of a material fact,
  without regard to whether the nondisclosure or misrepresentation
  was known or fraudulent; and
                     (B) [(2)]  while:
                           (i) [(A)]  any condition imposed by this
  subtitle for the person's qualifying for the benefit was not
  fulfilled in the person's case; or
                           (ii) [(B)]  the person was disqualified from
  receiving benefits; or
               (2)  the benefit obtained by a person because of
  commission error.
         SECTION 3.  Section 214.002, Labor Code, as amended by this
  Act, applies only to a claim for unemployment compensation benefits
  filed with the Texas Workforce Commission on or after the effective
  date of this Act.  A claim filed before the effective date of this
  Act is governed by the law in effect on the date the claim was filed,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.
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