LABOR CODE
CHAPTER 214. OFFENSES, PENALTIES, AND SANCTIONS
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Sept. 1, 1993.
