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AN ACT
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relating to the imposition and collection of a penalty for |
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fraudulently obtaining unemployment compensation benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 203.201, Labor Code, is |
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amended to read as follows: |
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(b) The special administration fund consists of: |
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(1) all interest and penalties collected under this |
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subtitle, other than a penalty assessed under Section |
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214.003(a)(2); and |
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(2) any amounts received under any surety bond for |
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losses sustained by the special administration fund[; and
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[(3) money transferred under Section 203.103]. |
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SECTION 2. The heading to Section 214.003, Labor Code, is |
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amended to read as follows: |
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Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID |
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AND REMAINING BENEFITS; PENALTY. |
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SECTION 3. Section 214.003, Labor Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) If, by wilful nondisclosure or misrepresentation of a |
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material fact, whether the nondisclosure or misrepresentation is |
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made by the person or for the person by another, a person receives a |
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benefit when a condition imposed by this subtitle for the person's |
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qualifying for the benefit is not fulfilled or the person is |
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disqualified from receiving the benefit: |
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(1) [,] the person forfeits the: |
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(A) [(1)] benefit received; and |
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(B) [(2)] rights to benefits that remain in the |
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benefit year in which the nondisclosure or misrepresentation |
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occurred; and |
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(2) the commission shall require the person to pay a |
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penalty in an amount equal to 15 percent of the amount forfeited |
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under Subdivision (1)(A). |
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(c) A forfeiture, [or] cancellation, or penalty imposed |
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under this section is effective only after the person has been |
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afforded an opportunity for a fair hearing before the commission or |
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its duly designated representative. |
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(d) A person who is assessed a penalty by the commission |
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under Subsection (a)(2) is liable for the amount of the penalty. |
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The commission may collect the penalty in the same manner as |
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provided by Sections 213.031, 213.032, 213.033, 213.035, and |
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213.051 for the collection of past-due contributions. The |
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commission shall deposit a penalty assessed under Subsection (a)(2) |
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in the unemployment compensation fund established under Section |
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203.021. |
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SECTION 4. Section 214.003, Labor Code, as amended by this |
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Act, applies only to a final determination made by the Texas |
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Workforce Commission or the commission's duly designated |
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representative on or after October 1, 2013, that a person received a |
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benefit due to a nondisclosure or misrepresentation. A final |
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determination made before that date is governed by the law in effect |
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on the date the determination was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect October 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 658 passed the Senate on |
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April 18, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 658 passed the House on |
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May 20, 2013, by the following vote: Yeas 147, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |