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A BILL TO BE ENTITLED
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AN ACT
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relating to certain required notices under the Texas Unemployment |
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Compensation Act, including employer liability arising from |
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failure to provide the notice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 205.013, Labor Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If a reimbursing employer pays a reimbursement to the |
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commission for benefits paid to a claimant that are not in |
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accordance with the final determination or decision under this |
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subtitle, the employer is not entitled to a refund of, or credit |
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for, the amount paid by the employer to the commission unless the |
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employer has complied with the requirements of Section 208.004 with |
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respect to the claimant. |
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SECTION 2. Section 208.004, Labor Code, is amended by |
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adding Subsections (a-1), (c), (d), (e), and (f) to read as follows: |
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(a-1) A notification provided by a person under Subsection |
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(a), including an initial response to a notice mailed to the person |
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under Section 208.002, must include sufficient factual information |
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to allow the commission to make a determination regarding the |
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claimant's entitlement to benefits under this subtitle. |
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(c) Notwithstanding Subchapter B, Chapter 204, benefits |
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paid to a claimant that are not in accordance with the final |
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determination or decision under this subtitle shall be charged to |
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the account of a person if: |
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(1) the person, or the person's agent, without good |
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cause, fails to provide adequate or timely notification under this |
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section; and |
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(2) the commission determines that the person, or the |
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person's agent, has failed to provide timely or adequate |
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notification under this section on at least two prior occasions. |
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(d) For purposes of Subsection (c), a notification is not |
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adequate if the notification merely alleges that a claimant is not |
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entitled to benefits without providing sufficient factual |
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information, other than a general statement of the law, to support |
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the allegation. |
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(e) For purposes of Subsection (c), good cause is |
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established only by showing that a person, or the person's agent, |
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was prevented from complying with this section due to compelling |
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circumstances that were beyond the person's control. |
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(f) The commission may adopt rules as necessary to implement |
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this section. |
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SECTION 3. Section 212.005, Labor Code, is amended to read |
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as follows: |
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Sec. 212.005. CHARGEBACK ON REVERSAL OF DETERMINATION OR |
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DECISION ALLOWING BENEFITS PROHIBITED; EXCEPTION. (a) Except as |
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provided by Subsection (b), a [A] chargeback may not be made to an |
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employer's account because of payments having been made under a |
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determination or decision to the claimant for any benefit period |
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with regard to which the claimant is finally denied benefits by a |
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modification or reversal of the determination or decision. |
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(b) A chargeback shall be made to an employer's account for |
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benefits paid to a claimant that are not in accordance with the |
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final determination or decision under this subtitle if the benefits |
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were paid due to the failure of the employer, or the employer's |
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agents, to comply with Section 208.004. |
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SECTION 4. The changes in law made by this Act apply only to |
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a final determination made by the Texas Workforce Commission on or |
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after October 1, 2013, that a person received an erroneous payment. |
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A final determination made before that date is governed by the law |
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in effect on the date the determination was made, and the former law |
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is continued in effect for that purpose. |
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SECTION 5. This Act takes effect October 1, 2013. |