Texas Labor Code Title 4, Chapter 213 - Enforcement Of Texas Unemployment Compensation Act

SUBCHAPTER A GENERAL ENFORCEMENT PROVISIONS

• Texas Section 213.001 - Representation In Court
  (a) The attorney general shall designate an assistant attorney general to represent the commission and the state in a civil action to enforce this subtitle...
• Texas Section 213.002 - Prosecution Of Criminal Actions
  The prosecuting attorney for a county in which a criminal violation of this subtitle or a rule adopted under this subtitle is alleged to have...
• Texas Section 213.003 - Admissibility Of Certified Copy Of Commission Record
  In a civil or criminal proceeding brought under this subtitle, a certified copy of a document from commission records is admissible in evidence instead of...
• Texas Section 213.004 - Admissibility Of Report Or Audit; Prima Facie Evidence
  (a) In a judicial proceeding in which the establishment or collection of a contribution, penalty, or interest is sought because an employer does not pay...
• Texas Section 213.005 - Costs Adjudged Against State Or Commission
  The commission shall pay from the administration fund established under Subchapter D, Chapter 203, costs adjudged against the state or the commission in a suit...
• Texas Section 213.006 - Priority Of Claim For Contribution
  If an employer's assets are distributed under a court order issued under the laws of this state, including a receivership, assignment for benefit of creditors,...
• Texas Section 213.007 - Collateral Estoppel Doctrine Inapplicable
  A finding of fact, conclusion of law, judgment, or final order made under this subtitle is not binding and may not be used as evidence...
• Texas Section 213.008 - Election Of Collection Remedies
  An action taken under this chapter is not an election by the commission to pursue a particular remedy or action under this chapter to the...
• Texas Section 213.009 - Commission Enforcement Of Out-of-state Judgment
  (a) A qualified attorney who is a regular salaried employee of the commission may represent an employment security agency of another state in a proceeding...
• Texas Section 213.010 - Notice To Indian Tribes
  A notice of payment or notice of delinquency provided to an Indian tribe under this chapter must inform the Indian tribe that failure to make...

SUBCHAPTER B EMPLOYER PENALTIES AND INTEREST

• Texas Section 213.011 - Effect Of Previous Employment Determination
  (a) Subject to Subsection (c), it is reasonable for an employer to rely on a court ruling or commission determination that, for the purposes of...
• Texas Section 213.021 - Interest On Past Due Contribution
  (a) An employer who does not pay a contribution on or before the date prescribed by the commission is liable to the state for interest...
• Texas Section 213.022 - Penalty For Failure To File Report
  An employer who does not file a report of wages paid or contributions due as required by this subtitle or commission rule shall pay to...
• Texas Section 213.023 - Penalty For Other Violation
  An employing unit shall pay a penalty of $30 if a civil penalty is not otherwise provided by this subtitle and the employing unit: (1)...
• Texas Section 213.024 - Penalty For Continuing Violation
  (a) In addition to the penalty imposed under Section 213.023, an employing unit shall pay a penalty of $30 for each consecutive day that a...

SUBCHAPTER C COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT

• Texas Section 213.025 - Additional Interest On Judgment Or Final Assessment For Past Due Contribution
  For a judgment or final assessment that grants recovery of the amount of a contribution and the amount of interest computed at the maximum rate...
• Texas Section 213.031 - Collection Required; Methods
  If after notice an employer does not pay a contribution or a penalty or interest on a contribution, the commission shall collect the amount due...
• Texas Section 213.032 - Service Of Notice Of Assessment; Contents As Prima Facie Evidence; Judicial Review; Effect
  (a) A notice of assessment shall be served in the manner provided by law for service of process on a defendant in a civil action...
• Texas Section 213.033 - Limitations
  (a) The commission may not begin a civil action in court or make an assessment under this subchapter to collect a contribution, a penalty, or...
• Texas Section 213.034 - Statement As Evidence In Civil Action; Denial
  (a) If a civil action filed under this subchapter is supported by a statement, report, or audit issued by the commission and the commission certifies...
• Texas Section 213.035 - Costs
  Unless the employer prevails in a civil action brought under this subchapter or the notice of assessment is reversed by a reviewing court, the employer...

SUBCHAPTER D OTHER ENFORCEMENT REMEDIES AGAINST EMPLOYER

• Texas Section 213.036 - Abstract Of Judgment; Abstract Of Assessment; Fee; Release
  (a) The commission shall pay the fee for filing and recording an abstract of a judgment or an abstract of an assessment against an employer...
• Texas Section 213.051 - Forfeiture Of Right To Employ Individuals In This State; Bond
  (a) After a judgment is entered against an employer for a contribution, a penalty, or interest or an assessment against an employer under this chapter...
• Texas Section 213.052 - Injunction Restraining Certain Violations
  (a) If an individual or employing unit appears to be violating or threatening to violate this subtitle or any rule or order of the commission...
• Texas Section 213.053 - Violation Of Injunction; Receiver
  (a) If an individual or an employing unit violates an injunction granted under this subtitle, the court on its own motion or the commission's motion...
• Texas Section 213.054 - Offset Against State Warrant
  Any contribution, penalty, interest, or court cost owed by an employer under this subtitle is a debt owed by the employer to the state under...
• Texas Section 213.055 - Audit Of Employer
  (a) The commission may employ an auditor or other person to determine the amount of a contribution due and prepare a report due from an...
• Texas Section 213.056 - Estimated Taxable Wages If Report Not Filed
  (a) If an employer does not make a report to the commission that is required by this subtitle or by commission rule, the commission may...
• Texas Section 213.057 - Tax Lien
  (a) The amount due from an employing unit under this subtitle is secured by a lien on property belonging to the employing unit or to...
• Texas Section 213.058 - Additional Tax Lien Enforced By Commission
  (a) The amount due from an employing unit to the commission under this subtitle is secured by a lien on property belonging to the employing...
• Texas Section 213.059 - Delinquency; Notice Of Levy
  (a) If a person is delinquent in the payment of any amount, including contributions, penalties, and interest due under this subtitle, the commission may notify...

SUBCHAPTER E ADJUSTMENT OR REFUND FOR EMPLOYER'S OVERPAYMENT

• Texas Section 213.060 - Enforcement Against Indian Tribe
  (a) Services performed for an Indian tribe that fails to make a required payment, including payment of a penalty and interest, are not considered, after...
• Texas Section 213.071 - Credit Or Refund Of Overpayment
  (a) The commission shall allow the employing unit on application under Section 213.072 to adjust its contribution payments then due for a contribution or penalty...
• Texas Section 213.072 - Application
  (a) An employing unit that pays the commission a contribution or penalty that is allegedly due and that later is determined not due, in whole...
• Texas Section 213.073 - Appeal Of Commission Determination
  (a) If the commission denies a timely application made under this subchapter, the employing unit may bring an action in a court of competent jurisdiction...
• Texas Section 213.074 - Interest Not Allowed
  Interest is not allowed on an adjustment or refund made under this subchapter or a recovery made in a court action filed under this subchapter....
• Texas Section 213.075 - Adjustment Or Refund On Commission Initiative
  The commission may make an adjustment or refund on its own initiative under this subchapter within the period prescribed by this subchapter. Acts 1993, 73rd...

Last modified: September 28, 2016