The commission may recover certain covered unemployment compensation debts through the federal Treasury Offset Program, but it must first notify the debtor, give at least 60 days to respond, and consider any evidence submitted.
Sec. 214.009. RECOVERY OF COVERED UNEMPLOYMENT COMPENSATION DEBT THROUGH FEDERAL TREASURY OFFSET PROGRAM. (a) In this section, "program" means the federal Treasury Offset Program authorized by 26 U.S.C. Section 6402(f). (b) The commission may collect the following covered unemployment compensation debt through the program: (1) a past-due debt for erroneous payment of benefits due to fraud that has become final under law and remains uncollected; (2) a past-due debt for erroneous payment of benefits due to a person's failure to report earnings, even if non-fraudulent, that has become final under law and remains uncollected; (3) a past-due employer contribution owed to the compensation fund for which the commission has determined the person to be liable and that remains uncollected; and (4) any penalties and interest assessed by the commission on a debt described by Subdivision (1), (2), or (3). (c) Before submitting covered unemployment compensation debt for recovery under the program, the commission must: (1) notify the debtor by regular United States mail that the commission plans to recover the debt through the offset of any federal tax refund; (2) provide the debtor at least 60 days following the date the notice is provided under Subdivision (1) to present to the commission evidence that all or part of the debt is not: (A) legally enforceable; (B) due to fraud or unreported earnings; or (C) a contribution owed to the compensation fund; and (3) consider any evidence presented by the debtor to determine the amount of debt that is legally enforceable and owed. (d) In considering evidence presented by a debtor under Subsection (c), the commission may determine only whether the debtor has demonstrated that the debt is not subject to recovery through the program so that the commission is able to minimize erroneous offsets. The commission may not review the initial determination establishing the debtor's liability. (e) The commission shall assess against the debtor the cost of any administrative fee charged by the United States Department of the Treasury for each offset. The commission may add the assessed amount to the covered unemployment compensation debt that is offset under the program. Added by Acts 2015, 84th Leg., R.S., Ch. 414 (H.B. 2732), Sec. 1, eff. September 1, 2015. Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 15, eff. September 1, 2015.