SB1950 - Relating to the eligibility of certain individuals for unemployment benefits and the validity of certain claims for unemployment benefits submitted to the Texas Workforce Commission.

      By: Creighton, King S.B. No. 1950       Kolkhorst     A BILL TO BE ENTITLED   AN ACT   relating to the eligibility of certain individuals for unemployment   benefits and the validity of certain claims for unemployment   benefits submitted to the Texas Workforce Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 207.021, Labor Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (a-2) to   read as follows:          (a)  Except as provided by Chapter 215, an unemployed   individual is eligible to receive benefits for a benefit period if   the individual:                (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   208.001;                (3)  is able to work;                (4)  is available for work;                (5)  [ is actively seeking work ] in accordance with   rules adopted by the commission :                       (A)  is actively seeking work;                         (B)     during each week of the benefit period,   performed a combination of the following work search activities,   subject to verification by the commission:                             (i)     completed and submitted an application   for a job, other than an application submitted while attending a job   fair;                             (ii)     submitted a resume to an employer that   advertised an active job opening;                             (iii)  attended a job fair;                             (iv)     participated in a job interview or   skills test conducted by a potential employer;                             (v)     after submitting a resume or   application or participating in a job interview, responded to an   employer's inquiry; or                               (vi)     participated in a work search or   professional training sponsored or approved by the commission; and                       (C)     has had the individual's identity verified by   the commission in accordance with rules adopted under Subsection   (a-2) ;                (6)  for the individual's base period, has benefit wage   credits:                      (A)  in at least three  [ two ] calendar quarters;   and                      (B)  in an amount not less than 37 times the   individual's benefit amount;                (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 37  [ six ] 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,   unless:                      (A)  the individual has completed participation   in such a service; or                      (B)  there is reasonable cause, as determined by   the commission, for the individual's failure to participate in   those services.           (a-1)     The commission by rule shall prescribe the minimum   number of work search activities an individual must perform under   Subsection (a)(5)(B) during each week.   The rules may not require an   individual to perform fewer than five work search activities during   each week.           (a-2)     The commission by rule shall prescribe the process for   verifying an unemployed individual's identity under Subsection   (a)(5)(C). The rules must provide for, at a minimum:                 (1)     the adoption and use by the commission of a   statistically valid and unbiased methodology to assess the fraud   risk of each claim for unemployment benefits;                 (2)     an annual audit of the methodology adopted under   Subdivision (1) that includes an assessment of the methodology's   effectiveness; and                 (3)     the adoption and use by the commission of a   mechanism to verify the identity of an individual using the   individual's government-issued identification if the individual's   claim for unemployment benefits is determined by the commission to   be a pervasive fraud risk using the methodology adopted under   Subdivision (1).          SECTION 2.  Section 207.047(a), Labor Code, is amended to   read as follows:          (a)  An individual is disqualified for benefits if during the   individual's current benefit year, the individual failed, without   good cause, to:                (1)  apply for available, suitable work when directed   to do so by the commission;                (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 ;   or                 (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   read as follows:          (b)  For each valid initial claim, the commission shall   determine:                (1)   in accordance with rules adopted by the commission   under Section 207.021(a-2),  the claimant's identity;                 (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 Section 208.0211 to read as follows:           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 initial and additional claims   against:                 (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 this state;                 (3)  death records maintained by this state;                 (4)     records of persons who are incarcerated maintained   by the Texas Department of Criminal Justice and the Federal Bureau   of Prisons; and                 (5)     the Systematic Alien Verification for   Entitlements (SAVE) program, or a successor program.           (b)     On confirmation that an individual no longer has a valid   claim, the commission shall suspend the payment of benefits   immediately.             (c)     Nothing in this section may be construed as prohibiting   the commission from developing or implementing additional measures   to determine the validity of a claim under Section 208.021.          SECTION 5.  Sections 214.003(a) and (b), Labor Code, are   amended to read as follows:          (a)  If, by wilful 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:                (1)  the person forfeits the:                      (A)  benefit received; [ and ]                      (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   until the earlier of:                             (i)     the end of the fifth calendar year   following the last day of the benefit year in which the   nondisclosure or misrepresentation occurred; or                             (ii)     the date that the commission recovered   from the claimant any benefits received by wilful nondisclosure or   misrepresentation of a material fact and any penalty imposed under   this section ; and                (2)  the commission shall require the person to pay a   penalty in an amount equal to 15 percent of the amount forfeited   under Subdivision (1)(A).          (b)  If a person attempts to obtain or increase benefits by a   nondisclosure or misrepresentation as provided by Subsection (a),   the commission shall [ may ] cancel the person's right to benefits   that remain in the benefit year in which the nondisclosure or   misrepresentation occurred and the person shall forfeit rights to   any benefit under this subtitle until the end of the fifth calendar   year following the last day of the benefit year in which the   attempted nondisclosure or misrepresentation occurred .          SECTION 6.  The changes in law made by this Act apply only to   a claim for unemployment compensation benefits filed with the Texas [Text truncated for display. 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