HBA-TYH H.B. 1332 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1332 By: Hardcastle Economic Development 3/10/1999 Introduced BACKGROUND AND PURPOSE Based on previous court decisions, the Texas Workforce Commission (commission) is currently prevented from collecting overpayment of unemployment benefits from recipients if the overpayment resulted from agency error. Unlike other dispersing agencies, such as the Internal Revenue Service or the Texas Department of Human Services, an overpayment may remain with the claimant. This results in claimants receiving additional benefits to which they are not entitled. It may also contribute to higher unemployment tax rates for all employers. H.B. 1332 redefines "improper benefit" to include benefits obtained by a person because of a mistake by the commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 214.002(b), Labor Code, to define "improper benefit" as the benefit obtained by a person while one of the enumerated conditions exists and because of the nondisclosure or misrepresentation by the person or another of a material fact or any other reason, including a mistake made by the Texas Workforce Commission. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.