Texas Labor Code 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;
(2) collecting a refund from a claimant; or
(3) 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.
Terms Used In Texas Labor Code 214.002
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The commission shall accept payment for benefits refunded by a claimant under Subsection (a)(2) by personal check, cashier’s check, money order, debit card, electronic check, or electronic funds transfer. The commission shall accept payment through the mail and by Internet, as applicable. The commission may adopt rules to accept forms of payment not listed in this subsection.