Bill Text: TX SB1537 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain required notices under the Texas Unemployment Compensation Act, including employer liability arising from failure to provide the notice.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-18 - Effective on . . . . . . . . . . . . . . . [SB1537 Detail]
Download: Texas-2013-SB1537-Engrossed.html
Bill Title: Relating to certain required notices under the Texas Unemployment Compensation Act, including employer liability arising from failure to provide the notice.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-18 - Effective on . . . . . . . . . . . . . . . [SB1537 Detail]
Download: Texas-2013-SB1537-Engrossed.html
By: Deuell | S.B. No. 1537 |
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relating to certain required notices under the Texas Unemployment | ||
Compensation Act, including employer liability arising from | ||
failure to provide the notice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 205.013, Labor Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) If a reimbursing employer pays a reimbursement to the | ||
commission for benefits paid to a claimant that are not in | ||
accordance with the final determination or decision under this | ||
subtitle, the employer is not entitled to a refund of, or credit | ||
for, the amount paid by the employer to the commission unless the | ||
employer has complied with the requirements of Section 208.004 with | ||
respect to the claimant. | ||
SECTION 2. Section 208.004, Labor Code, is amended by | ||
adding Subsections (a-1), (c), (d), (e), and (f) to read as follows: | ||
(a-1) A notification provided by a person under Subsection | ||
(a), including an initial response to a notice mailed to the person | ||
under Section 208.002, must include sufficient factual information | ||
to allow the commission to make a determination regarding the | ||
claimant's entitlement to benefits under this subtitle. | ||
(c) Notwithstanding Subchapter B, Chapter 204, benefits | ||
paid to a claimant that are not in accordance with the final | ||
determination or decision under this subtitle shall be charged to | ||
the account of a person if: | ||
(1) the person, or the person's agent, without good | ||
cause, fails to provide adequate or timely notification under this | ||
section; and | ||
(2) the commission determines that the person, or the | ||
person's agent, has failed to provide timely or adequate | ||
notification under this section on at least two prior occasions. | ||
(d) For purposes of Subsection (c), a notification is not | ||
adequate if the notification merely alleges that a claimant is not | ||
entitled to benefits without providing sufficient factual | ||
information, other than a general statement of the law, to support | ||
the allegation. | ||
(e) For purposes of Subsection (c), good cause is | ||
established only by showing that a person, or the person's agent, | ||
was prevented from complying with this section due to compelling | ||
circumstances that were beyond the person's control. | ||
(f) The commission may adopt rules as necessary to implement | ||
this section. | ||
SECTION 3. Section 212.005, Labor Code, is amended to read | ||
as follows: | ||
Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR | ||
DECISION ALLOWING BENEFITS PROHIBITED; EXCEPTION. (a) Except as | ||
provided by Subsection (b), a [ |
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employer's account because of payments having been made under a | ||
determination or decision to the claimant for any benefit period | ||
with regard to which the claimant is finally denied benefits by a | ||
modification or reversal of the determination or decision. | ||
(b) A chargeback shall be made to an employer's account for | ||
benefits paid to a claimant that are not in accordance with the | ||
final determination or decision under this subtitle if the benefits | ||
were paid due to the failure of the employer, or the employer's | ||
agents, to comply with Section 208.004. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a final determination made by the Texas Workforce Commission on or | ||
after October 1, 2013, that a person received an erroneous payment. | ||
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. |