State Codes and Statutes

Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > Chapter-214-offenses-penalties-and-sanctions

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS

Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS OR OTHER PAYMENT.

(a) A person commits an offense if, to obtain or increase a

benefit or other payment, either for the person or another

person, under this subtitle, the unemployment compensation law of

another state, or any act or program of the United States that is

administered by the commission, the person:

(1) makes a false statement or representation, knowing it to be

false; or

(2) knowingly fails to disclose a material fact.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS. (a)

A person who has received improper benefits is liable for the

amount of the improper benefits. The commission may recover

improper benefits by:

(1) deducting the amount of the improper benefits from any

future benefits payable to the person; or

(2) collecting the amount of the improper benefits for the

compensation fund in the same manner provided by Sections

213.031, 213.032, 213.033, 213.035, and 213.051 for the

collection of past due contributions.

(b) In this section, "improper benefit" means the benefit

obtained by a person:

(1) because of the nondisclosure or misrepresentation by the

person or by another of a material fact, without regard to

whether the nondisclosure or misrepresentation was known or

fraudulent; and

(2) while:

(A) any condition imposed by this subtitle for the person's

qualifying for the benefit was not fulfilled in the person's

case; or

(B) the person was disqualified from receiving benefits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID AND

REMAINING BENEFITS. (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, the person forfeits the:

(1) benefit received; and

(2) rights to benefits that remain in the benefit year in which

the nondisclosure or misrepresentation occurred.

(b) If a person attempts to obtain or increase benefits by a

nondisclosure or misrepresentation as provided by Subsection (a),

the commission may cancel the person's right to benefits that

remain in the benefit year in which the nondisclosure or

misrepresentation occurred.

(c) A forfeiture or cancellation under this section is effective

only after the person has been afforded an opportunity for a fair

hearing before the commission or its duly designated

representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT OF

BENEFITS. (a) A person commits an offense if the person makes a

false representation, knowing it to be false, or knowingly fails

to disclose a material fact, to:

(1) prevent or reduce the payment of benefits to an individual

entitled to the benefits;

(2) avoid becoming or remaining subject to this subtitle; or

(3) avoid or reduce any contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR OTHER

PAYMENT. (a) A person commits an offense if the person wilfully

fails or refuses to make a contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS. (a) A

person commits an offense if the person wilfully fails or refuses

to:

(1) furnish a report required under this subtitle; or

(2) produce or permit the inspection or copying of records as

required under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.007. GENERAL OFFENSE. (a) A person commits an offense

if the person wilfully violates a provision of this subtitle or a

rule adopted under this subtitle:

(1) the violation of which is made unlawful or the observance of

which is required under this subtitle; and

(2) for which a penalty is not otherwise provided by this

subtitle or any other applicable statute.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

State Codes and Statutes

Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > Chapter-214-offenses-penalties-and-sanctions

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS

Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS OR OTHER PAYMENT.

(a) A person commits an offense if, to obtain or increase a

benefit or other payment, either for the person or another

person, under this subtitle, the unemployment compensation law of

another state, or any act or program of the United States that is

administered by the commission, the person:

(1) makes a false statement or representation, knowing it to be

false; or

(2) knowingly fails to disclose a material fact.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS. (a)

A person who has received improper benefits is liable for the

amount of the improper benefits. The commission may recover

improper benefits by:

(1) deducting the amount of the improper benefits from any

future benefits payable to the person; or

(2) collecting the amount of the improper benefits for the

compensation fund in the same manner provided by Sections

213.031, 213.032, 213.033, 213.035, and 213.051 for the

collection of past due contributions.

(b) In this section, "improper benefit" means the benefit

obtained by a person:

(1) because of the nondisclosure or misrepresentation by the

person or by another of a material fact, without regard to

whether the nondisclosure or misrepresentation was known or

fraudulent; and

(2) while:

(A) any condition imposed by this subtitle for the person's

qualifying for the benefit was not fulfilled in the person's

case; or

(B) the person was disqualified from receiving benefits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID AND

REMAINING BENEFITS. (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, the person forfeits the:

(1) benefit received; and

(2) rights to benefits that remain in the benefit year in which

the nondisclosure or misrepresentation occurred.

(b) If a person attempts to obtain or increase benefits by a

nondisclosure or misrepresentation as provided by Subsection (a),

the commission may cancel the person's right to benefits that

remain in the benefit year in which the nondisclosure or

misrepresentation occurred.

(c) A forfeiture or cancellation under this section is effective

only after the person has been afforded an opportunity for a fair

hearing before the commission or its duly designated

representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT OF

BENEFITS. (a) A person commits an offense if the person makes a

false representation, knowing it to be false, or knowingly fails

to disclose a material fact, to:

(1) prevent or reduce the payment of benefits to an individual

entitled to the benefits;

(2) avoid becoming or remaining subject to this subtitle; or

(3) avoid or reduce any contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR OTHER

PAYMENT. (a) A person commits an offense if the person wilfully

fails or refuses to make a contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS. (a) A

person commits an offense if the person wilfully fails or refuses

to:

(1) furnish a report required under this subtitle; or

(2) produce or permit the inspection or copying of records as

required under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.007. GENERAL OFFENSE. (a) A person commits an offense

if the person wilfully violates a provision of this subtitle or a

rule adopted under this subtitle:

(1) the violation of which is made unlawful or the observance of

which is required under this subtitle; and

(2) for which a penalty is not otherwise provided by this

subtitle or any other applicable statute.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Labor-code > Title-4-employment-services-and-unemployment > Chapter-214-offenses-penalties-and-sanctions

LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS

Sec. 214.001. FRAUDULENTLY OBTAINING BENEFITS OR OTHER PAYMENT.

(a) A person commits an offense if, to obtain or increase a

benefit or other payment, either for the person or another

person, under this subtitle, the unemployment compensation law of

another state, or any act or program of the United States that is

administered by the commission, the person:

(1) makes a false statement or representation, knowing it to be

false; or

(2) knowingly fails to disclose a material fact.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.002. LIABILITY FOR IMPROPERLY OBTAINING BENEFITS. (a)

A person who has received improper benefits is liable for the

amount of the improper benefits. The commission may recover

improper benefits by:

(1) deducting the amount of the improper benefits from any

future benefits payable to the person; or

(2) collecting the amount of the improper benefits for the

compensation fund in the same manner provided by Sections

213.031, 213.032, 213.033, 213.035, and 213.051 for the

collection of past due contributions.

(b) In this section, "improper benefit" means the benefit

obtained by a person:

(1) because of the nondisclosure or misrepresentation by the

person or by another of a material fact, without regard to

whether the nondisclosure or misrepresentation was known or

fraudulent; and

(2) while:

(A) any condition imposed by this subtitle for the person's

qualifying for the benefit was not fulfilled in the person's

case; or

(B) the person was disqualified from receiving benefits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.003. FORFEITURE OR CANCELLATION OF BENEFITS PAID AND

REMAINING BENEFITS. (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, the person forfeits the:

(1) benefit received; and

(2) rights to benefits that remain in the benefit year in which

the nondisclosure or misrepresentation occurred.

(b) If a person attempts to obtain or increase benefits by a

nondisclosure or misrepresentation as provided by Subsection (a),

the commission may cancel the person's right to benefits that

remain in the benefit year in which the nondisclosure or

misrepresentation occurred.

(c) A forfeiture or cancellation under this section is effective

only after the person has been afforded an opportunity for a fair

hearing before the commission or its duly designated

representative.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.004. FRAUDULENTLY AVOIDING CONTRIBUTION OR PAYMENT OF

BENEFITS. (a) A person commits an offense if the person makes a

false representation, knowing it to be false, or knowingly fails

to disclose a material fact, to:

(1) prevent or reduce the payment of benefits to an individual

entitled to the benefits;

(2) avoid becoming or remaining subject to this subtitle; or

(3) avoid or reduce any contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.005. FAILURE OR REFUSAL TO MAKE CONTRIBUTION OR OTHER

PAYMENT. (a) A person commits an offense if the person wilfully

fails or refuses to make a contribution or other payment required

from an employing unit under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.006. OFFENSES REGARDING REPORTS AND RECORDS. (a) A

person commits an offense if the person wilfully fails or refuses

to:

(1) furnish a report required under this subtitle; or

(2) produce or permit the inspection or copying of records as

required under this subtitle.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 214.007. GENERAL OFFENSE. (a) A person commits an offense

if the person wilfully violates a provision of this subtitle or a

rule adopted under this subtitle:

(1) the violation of which is made unlawful or the observance of

which is required under this subtitle; and

(2) for which a penalty is not otherwise provided by this

subtitle or any other applicable statute.

(b) An offense under this section is a Class A misdemeanor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.


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