HBA-MPM H.B. 255 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 255
By: Pitts
Economic Development
4/16/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes former employees of reimbursing employers to collect
unemployment benefits, even if the employees are subsequently convicted of
certain types of misconduct with their former employers.  H.B. 255
disqualifies an individual for unemployment benefits if convicted for a
criminal offense connected with the individual's last work.  This bill also
requires such individuals determined to be ineligible for benefits to
refund the amount of compensation paid. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Employment Commission in
SECTION 1 (Section 207.0445, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 207, Labor Code, by adding Section
207.0445, as follows: 

Sec. 207.0445.  DISQUALIFICATION FOR SUBSEQUENT CONVICTION.  (a) Sets forth
that an individual is disqualified for benefits if the individual is
convicted for a criminal offense connected with the individual's last work
that would have constituted misconduct if the conviction had occurred prior
to the individual's discharge date. 

(b)  Specifies that disqualification continues until the individual has
returned to employment and worked for six weeks or earned wages equal to
six times the individual's benefit amount. 

(c)  Sets forth that a claimant who received benefits and is subsequently
determined ineligible is not entitled to retain the benefits paid.
Requires the claimant to refund the amount paid to the compensation fund as
prescribed by rules adopted by the Texas Workforce Commission (commission).
Authorizes the commission, by rule, to allow a repayment to be made in
periodic payments.   

(d)  Provides that benefits to be refunded are collectible in the manner
provided by Sections 213.031 (Collection Required; Methods), 213.032
(Service of Notice of Assessment; Contents as Prima Facie Evidence;
Judicial Review; Effect), 213.033 (Limitations), and 213.035 (Costs) for
the collection of past due contributions. 

SECTION 2.  Effective date:  September 1, 1999.  
                   Makes application of this Act prospective.

SECTION 3.  Emergency clause.