Bill Text: TX HB2907 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to measures to prevent and address fraud in the administration of the Texas Unemployment Compensation Act; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Natural Resources & Economic Development [HB2907 Detail]
Download: Texas-2023-HB2907-Comm_Sub.html
Bill Title: Relating to measures to prevent and address fraud in the administration of the Texas Unemployment Compensation Act; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Natural Resources & Economic Development [HB2907 Detail]
Download: Texas-2023-HB2907-Comm_Sub.html
88R9999 RDS-F | ||
By: Button | H.B. No. 2907 |
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relating to measures to prevent and address fraud in the | ||
administration of the Texas Unemployment Compensation Act; | ||
providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 203.201(b), Labor Code, is amended to | ||
read as follows: | ||
(b) The special administration fund consists of: | ||
(1) all interest and penalties collected under this | ||
subtitle, other than a penalty assessed under Section 214.003 | ||
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(2) any amounts received under any surety bond for | ||
losses sustained by the special administration fund. | ||
SECTION 2. Section 207.021(a), Labor Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Chapter 215, an unemployed | ||
individual is eligible to receive benefits for a benefit period if | ||
the individual: | ||
(1) has registered for work at an employment office | ||
and has continued to report to the employment office as required by | ||
rules adopted by the commission; | ||
(2) has made a claim for benefits under Section | ||
208.001; | ||
(3) is able to work; | ||
(4) is available for work; | ||
(5) is actively seeking work in accordance with rules | ||
adopted by the commission; | ||
(6) for the individual's base period, has benefit wage | ||
credits: | ||
(A) in at least two calendar quarters; and | ||
(B) in an amount not less than 37 times the | ||
individual's benefit amount; | ||
(7) after the beginning date of the individual's most | ||
recent prior benefit year, if applicable, earned wages in an amount | ||
equal to not less than six times the individual's benefit amount; | ||
(8) has been totally or partially unemployed for a | ||
waiting period of at least seven consecutive days; [ |
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(9) participates in reemployment services, such as a | ||
job search assistance service, if the individual has been | ||
determined, according to a profiling system established by the | ||
commission, to be likely to exhaust eligibility for regular | ||
benefits and to need those services to obtain new employment, | ||
unless: | ||
(A) the individual has completed participation | ||
in such a service; or | ||
(B) there is reasonable cause, as determined by | ||
the commission, for the individual's failure to participate in | ||
those services; and | ||
(10) has verified the individual's identity in | ||
accordance with rules adopted by the commission, which may include | ||
requiring the individual to verify the individual's identity: | ||
(A) by telephone or other electronic means; | ||
(B) by an in-person meeting; or | ||
(C) through an application developed by a | ||
third-party vendor. | ||
SECTION 3. Section 214.003, Labor Code, is amended by | ||
adding Subsection (b-1) and amending Subsection (d) to read as | ||
follows: | ||
(b-1) If a person intentionally or knowingly makes a | ||
materially false statement or misrepresentation to obtain benefits | ||
in the name of another person: | ||
(1) the person: | ||
(A) forfeits: | ||
(i) the benefit received; and | ||
(ii) rights to benefits that remain in the | ||
benefit year in which the false statement or misrepresentation | ||
occurred; and | ||
(B) is liable for the amount of the benefit | ||
received, which may be recovered in the manner provided by Section | ||
212.006 or 214.002, as applicable; and | ||
(2) the commission shall require the person to pay a | ||
penalty in an amount equal to 15 percent of the amount forfeited | ||
under Subdivision (1)(A)(i). | ||
(d) A person who is assessed a penalty by the commission | ||
under this section [ |
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the penalty. The commission may collect the penalty in the same | ||
manner as provided by Sections 212.006 and 214.002 [ |
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past-due contributions. The commission shall deposit a penalty | ||
assessed under this section [ |
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compensation fund established under Section 203.021. | ||
SECTION 4. Subchapter F, Chapter 301, Labor Code, is | ||
amended by adding Section 301.087 to read as follows: | ||
Sec. 301.087. CERTAIN FRAUD DETECTION INFORMATION NOT | ||
PUBLIC INFORMATION. (a) In this section, "fraud detection | ||
information" means any information, including risk assessments, | ||
reports, data, protocols, technology specifications, manuals, | ||
instructions, investigative materials, crossmatches, mental | ||
impressions, and communications, that may reveal the methods or | ||
means by which the commission prevents, investigates, or evaluates | ||
fraud in its administration of Subtitle A. | ||
(b) Fraud detection information is not public information | ||
for purposes of Chapter 552, Government Code, and is excepted from | ||
the requirements of Section 552.021 of that code. | ||
SECTION 5. The change in law made 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 6. This Act takes effect September 1, 2023. |