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.