Bill Text: TX SB658 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the imposition and collection of a penalty for fraudulently obtaining unemployment compensation benefits.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-06-14 - Effective on . . . . . . . . . . . . . . . [SB658 Detail]
Download: Texas-2013-SB658-Enrolled.html
| S.B. No. 658 | ||
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| relating to the imposition and collection of a penalty for | ||
| fraudulently obtaining unemployment compensation benefits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subsection (b), Section 203.201, 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(a)(2); and | ||
| (2) any amounts received under any surety bond for | ||
| losses sustained by the special administration fund[ |
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| [ |
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| SECTION 2. The heading to Section 214.003, Labor Code, is | ||
| amended to read as follows: | ||
| Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID | ||
| AND REMAINING BENEFITS; PENALTY. | ||
| SECTION 3. Section 214.003, Labor Code, is amended by | ||
| amending Subsections (a) and (c) and adding Subsection (d) to read | ||
| as follows: | ||
| (a) If, by wilful nondisclosure or misrepresentation of a | ||
| material fact, whether the nondisclosure or misrepresentation is | ||
| made by the person or for the person by another, a person receives a | ||
| benefit when a condition imposed by this subtitle for the person's | ||
| qualifying for the benefit is not fulfilled or the person is | ||
| disqualified from receiving the benefit: | ||
| (1) [ |
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| (A) [ |
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| (B) [ |
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| benefit year in which the nondisclosure or misrepresentation | ||
| occurred; 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). | ||
| (c) A forfeiture, [ |
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| under this section is effective only after the person has been | ||
| afforded an opportunity for a fair hearing before the commission or | ||
| its duly designated representative. | ||
| (d) A person who is assessed a penalty by the commission | ||
| under Subsection (a)(2) is liable for the amount of the penalty. | ||
| The commission may collect the penalty in the same manner as | ||
| provided by Sections 213.031, 213.032, 213.033, 213.035, and | ||
| 213.051 for the collection of past-due contributions. The | ||
| commission shall deposit a penalty assessed under Subsection (a)(2) | ||
| in the unemployment compensation fund established under Section | ||
| 203.021. | ||
| SECTION 4. Section 214.003, Labor Code, as amended by this | ||
| Act, applies only to a final determination made by the Texas | ||
| Workforce Commission or the commission's duly designated | ||
| representative on or after October 1, 2013, that a person received a | ||
| benefit due to a nondisclosure or misrepresentation. A final | ||
| determination made before that date is governed by the law in effect | ||
| on the date the determination was made, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 5. This Act takes effect October 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 658 passed the Senate on | ||
| April 18, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 658 passed the House on | ||
| May 20, 2013, by the following vote: Yeas 147, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
