Bill Text: TX SB1589 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to suspending the statute of limitations in the Texas Unemployment Compensation Act during a lawsuit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-21 - Referred to Natural Resources & Economic Development [SB1589 Detail]

Download: Texas-2017-SB1589-Introduced.html
 
 
  By: Lucio S.B. No. 1589
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to suspending the statute of limitations in the Texas
  Unemployment Compensation Act during a lawsuit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 213.033, Labor Code, is amended to read
  as follows:
         Sec. 213.033.  LIMITATIONS.  (a)  The commission may not
  begin a civil action in court or make an assessment under this
  subchapter to collect a contribution, a penalty, or interest from
  an employer after the third anniversary after the due date of the
  contribution.
         (b)  The following actions suspend the running of the
  limitations period prescribed under Subsection (a):
               (1)  an administrative hearing to redetermine the
  liability for a contribution, a penalty, or interest pending before
  the commission; and
               (2)  a judicial proceeding pending in a court of
  competent jurisdiction to redetermine the liability for a
  contribution, a penalty, or interest; and
               (23)  a bankruptcy case begun under Title 11 of the
  United States Code pending before the court.
         (c)  After a hearing, judicial proceeding or case described
  by Subsection (b) is closed, the running of the limitations period
  prescribed under Subsection (a) resumes.
         (d)  In the case of a wilful attempt to evade the provisions
  of this subtitle or a commission rule adopted under this subtitle,
  the action or assessment may be begun or made at any time.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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