HB 4424
AN ACT relating to promoting re-employment and deterring fraud and abuse
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to promoting re-employment and deterring fraud and abuse
Subject Areas
Bill Text
relating to promoting re-employment and deterring fraud and abuse in the Texas unemployment benefits program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 207.021(a), Labor Code, is amended to (a) Except as provided by Chapter 215, an unemployed individual is eligible to receive benefits for a benefit period if (1) has registered for work at an employment office and has continued to report to the employment office as required by rules adopted by the commission; (2) has made a claim for benefits under Section (5) is actively seeking work in accordance with rules (A) is actively seeking work; and (B) during each week of the benefit period, performed at least five work search activities. Acceptable work (i) completing and submitting an (ii) submitted a resume to an employer that (iv) participating in a job interview or employer-facilitated skills test; (v) participating in a job or skill (6) for the individual's base period, has benefit wage (A) in at least threetwo calendar quarters; and (B) in an amount not less than 37 times the (7) after the beginning date of the individual's most recent prior benefit year, if applicable, earned wages in an amount equal to not less than 37six times the individual's benefit amount; (8) has been totally or partially unemployed for a waiting period of at least seven consecutive days; and (9) participates in reemployment services, such as a job search assistance service, if the individual has been determined, according to a profiling system established by the commission, to be likely to exhaust eligibility for regular benefits and to need those services to obtain new employment, (A) the individual has completed participation (B) there is reasonable cause, as determined by the commission, for the individual's failure to participate in (10) A local workforce development board may require more than five work search actions per week in any county served by the board, but a board may not require fewer than five work search SECTION 2. Section 207.047, Labor Code, is amended by amending Subsection (a) and adding Subsection (c) to read as (a) An individual is disqualified for benefits if during the individual's current benefit year, the individual failed, without (1) apply for available, suitable work when directed (2) accept suitable work offered to the individual; or (3) return to the individual's customary self-employment, if any, when directed to do so by the commission; (4) respond to an employer's request for an interview or to attend a scheduled interview for suitable work. SECTION 3. Section 208.021(b), Labor Code, is amended to (b) For each valid initial claim, the commission shall (2) the claimant's benefit year; (3) (2) the benefit amount for total unemployment; and (4) (3) the duration of benefits. SECTION 4. Subchapter B, Chapter 208, Labor Code, is amended by adding Sections 208.0211 and 208.0212 to read as Sec. 208.0211 DETERMINATION OF CLAIM VALIDITY. (a) In determining the validity of a claim under Section 208.021, the commission shall cross-check all claims for benefits (1) the integrity data hub operated by the National Association of State Workforce Agencies; (2) the national directory of new hires maintained by the federal Office of Child Support Enforcement and any directory of new hires maintained by the state of Texas; (3) death records maintained by the state of Texas; (4) records of persons who are incarcerated maintained by the Texas Department of Criminal Justice and the Federal Bureau (5) the U.S. Citizenship and Immigration Services' SAVE database to determine immigration status and eligibility for (b) For purposes of determining a claimant's identity under this section, the commission shall employ a mechanism that allows verification, with a government-issued form of identification, the real identity of any claimant for unemployment benefits. (c) On confirmation that an individual no longer has a valid claim, the commission shall suspend the payment of benefits (d) Nothing in this section shall limit the commission from developing and implementing additional measures to protect the integrity of the unemployment benefits program. SECTION 5. Sections 214.003(a) and (b), Labor Code, are (a) If, by willful nondisclosure or misrepresentation of a material fact, whether the nondisclosure or misrepresentation is made by the person or for the person by another, a person receives a benefit when a condition imposed by this subtitle for the person's qualifying for the benefit is not fulfilled or the person is disqualified from receiving the benefit: (B) rights to benefits that remain in the benefit year in which the nondisclosure or misrepresentation occurred; and (C) rights to any benefits under this subtitle (i) the end of the first calendar year following the last day of the benefit year in which the nondisclosure or misrepresentation occurred for the first occurrence, the end of the third calendar year following the last day of the benefit year in which the nondisclosure or misrepresentation occurred for the second occurrence, the end of the fifth calendar year following the last day of the benefit year in which the nondisclosure or misrepresentation occurred for the third and all future occurrences; (ii) the date that the commission recovered from the claimant any benefits received by willful nondisclosure or misrepresentation of a material fact and any penalty imposed under (2) the commission shall require the person to pay a penalty in an amount equal to 15 percent of the amount forfeited (b) If a person attempts to obtain or increase benefits by a nondisclosure or misrepresentation as provided by Subsection (a), the commission shallmay cancel the person's right to benefits that remain in the benefit year in which the nondisclosure or misrepresentation occurred for the first offense, the person's right to any benefit under this subtitle for three years immediately following the second offense, and for five years immediately following the third and all future offenses. SECTION 6. The changes in law made by this Act apply only to a claim for unemployment compensation benefits filed with the Texas Workforce Commission on or after the effective date of this Act. A claim filed before the effective date of this Act is governed by the law in effect on the date the claim was filed, and the former law is continued in effect for that purpose. SECTION 7. This Act takes effect January 1, 2026.
Bill History
Bill filed: AN ACT relating to promoting re-employment and deterring fraud and abuse
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