Bill Text: TX HB2732 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to recovery of covered unemployment compensation debt through participation in the federal Treasury Offset Program.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-06-10 - Effective on 9/1/15 [HB2732 Detail]
Download: Texas-2015-HB2732-Enrolled.html
| H.B. No. 2732 | ||
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| relating to recovery of covered unemployment compensation debt | ||
| through participation in the federal Treasury Offset Program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 214, Labor Code, is amended by adding | ||
| Section 214.009 to read as follows: | ||
| Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT | ||
| COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In | ||
| this section, "program" means the federal Treasury Offset Program | ||
| authorized by 26 U.S.C. Section 6402(f). | ||
| (b) The commission may collect the following covered | ||
| unemployment compensation debt through the program: | ||
| (1) a past-due debt for erroneous payment of benefits | ||
| due to fraud that has become final under law and remains | ||
| uncollected; | ||
| (2) a past-due debt for erroneous payment of benefits | ||
| due to a person's failure to report earnings, even if | ||
| non-fraudulent, that has become final under law and remains | ||
| uncollected; | ||
| (3) a past-due employer contribution owed to the | ||
| compensation fund for which the commission has determined the | ||
| person to be liable and that remains uncollected; and | ||
| (4) any penalties and interest assessed by the | ||
| commission on a debt described by Subdivision (1), (2), or (3). | ||
| (c) Before submitting covered unemployment compensation | ||
| debt for recovery under the program, the commission must: | ||
| (1) notify the debtor by regular United States mail | ||
| that the commission plans to recover the debt through the offset of | ||
| any federal tax refund; | ||
| (2) provide the debtor at least 60 days following the | ||
| date the notice is provided under Subdivision (1) to present to the | ||
| commission evidence that all or part of the debt is not: | ||
| (A) legally enforceable; | ||
| (B) due to fraud or unreported earnings; or | ||
| (C) a contribution owed to the compensation fund; | ||
| and | ||
| (3) consider any evidence presented by the debtor to | ||
| determine the amount of debt that is legally enforceable and owed. | ||
| (d) In considering evidence presented by a debtor under | ||
| Subsection (c), the commission may determine only whether the | ||
| debtor has demonstrated that the debt is not subject to recovery | ||
| through the program so that the commission is able to minimize | ||
| erroneous offsets. The commission may not review the initial | ||
| determination establishing the debtor's liability. | ||
| (e) The commission shall assess against the debtor the cost | ||
| of any administrative fee charged by the United States Department | ||
| of the Treasury for each offset. The commission may add the | ||
| assessed amount to the covered unemployment compensation debt that | ||
| is offset under the program. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2732 was passed by the House on May 4, | ||
| 2015, by the following vote: Yeas 128, Nays 11, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2732 was passed by the Senate on May | ||
| 20, 2015, by the following vote: Yeas 26, Nays 4. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
