reglab/housing_qa huggingface dataset:
TX Lab Code § 213.004 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.004. Admissibility of Report or Audit; Prima Facie Evidence

Sec. 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 a contribution, a penalty, or interest within the time and in the manner required by this subtitle or by a rule adopted under this subtitle, the following are admissible:(1)  a report filed in an office of the commission by the employer or the employer's representative that shows the amount of wages paid by the employer or the employer's representative for which a contribution, a penalty, or interest has not been paid;(2)  a copy of a report described in Subdivision (1) that is certified by a member of the commission or by an employee designated for that purpose by the commission;  and(3)  an audit made by the commission or its representative from the books of the employer that is signed and sworn to by the representative as being made from the records of the employer.(b)  A report or audit admissible under this section is prima facie evidence of the truth of its contents.  The incorrectness of the report or audit may be shown.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.005 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.005. Costs Adjudged Against State or Commission

Sec. 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 instituted on behalf or at the request of the commission under this chapter or Section 204.086.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.006 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.006. Priority of Claim for Contribution

Sec. 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, adjudicated insolvency, composition, or similar proceeding, a contribution due at the time of distribution or that becomes due after the distribution has the same priority as other tax claims under the laws of this state.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.007 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.007. Collateral Estoppel Doctrine Inapplicable

Sec. 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 in an action or proceeding, other than an action or proceeding brought under this subtitle, even if the action or proceeding is between the same or related parties or involves the same facts.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 6, eff. Sept. 1, 1997.|
TX Lab Code § 213.008 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.008. Election of Collection Remedies

Sec. 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 exclusion of another remedy or action under this subtitle or under another law of this state.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.009 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.009. Commission Enforcement of Out-of-State Judgment

Sec. 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 in a court in this state to collect a contribution, a penalty, interest, or a court cost for which liability has been incurred by an employing unit under an unemployment compensation law or unemployment insurance law of the other state, if:(1)  the liability has been reduced to judgment in a court of record in the state of the requesting agency;  and(2)  the unemployment compensation law or unemployment insurance law of the requesting state provides for a similar action on behalf of the commission by the requesting state agency.(b)  The venue for a proceeding under this section is the same as the venue for an action to collect an overdue contribution, penalty, or interest due under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.010 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.010. Notice to Indian Tribes

Sec. 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 full payment within the required time:(1)  will cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.), as amended;(2)  will cause the Indian tribe to lose the option to pay reimbursements for benefits instead of contributions;  and(3)  may cause the Indian tribe to no longer be considered an employer and services for the Indian tribe to no longer be considered employment for purposes of Section 201.048.|Added by Acts 2001, 77th Leg., ch. 518, Sec. 10, eff. June 11, 2001.|
TX Lab Code § 213.011 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.011. Effect of Previous Employment Determination

Sec. 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 this subtitle, service performed by an individual, including service in interstate commerce, is not employment under this subtitle if:(1)  the ruling is:(A)  a judicial decision or precedent, including a published opinion, from a court in this state; or(B)  a commission decision involving the employer as a party or a subject; and(2)  the ruling or determination has not been reversed or otherwise invalidated.(b)  The commission shall relieve an employer that reasonably relies on a ruling or determination described by Subsection (a) from penalties, interest, or sanctions under this chapter or Chapter 214 that result from a subsequent ruling or determination that the service in question is employment.  An employer who receives relief under this subsection is not indebted to the state for the penalties, interest, or sanctions from which the employer is relieved and may not be considered delinquent on the payment of taxes, to the extent of the amount from which the employer is relieved.(c)  An employer may reasonably rely on a ruling or determination under Subsection (a) until the earlier of:(1)  the effective date of the subsequent ruling or determination invalidating the ruling or determination on which the employer reasonably relied; or(2)  the third anniversary of the due date of a contribution based on the service in question.(d)  This section applies only if the commission determines that the nature of the business and the service in question are substantially unchanged from the time the initial ruling was issued or the initial determination was made.|Added by Acts 2011, 82nd Leg., R.S., Ch. 534 (H.B. 2579), Sec. 1, eff. September 1, 2011.|
TX Lab Code § 213.012 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter A. General Enforcement Provisions|Section 213.012. Restrictions or Conditions on Payments Prohibited

Sec. 213.012.  RESTRICTIONS OR CONDITIONS ON PAYMENTS PROHIBITED.  (a)  In this section, "payment instrument" has the meaning assigned by Section 151.301, Finance Code.(b)  A person may not place on a payment instrument remitted to the commission any restriction or condition purporting to limit the amount of contributions, penalties, or interest owed to the commission by an employer.(c)  A restriction or condition in violation of this section is void.|Added by Acts 2017, 85th Leg., R.S., Ch. 210 (H.B. 1432), Sec. 1, eff. May 28, 2017.|
TX Lab Code § 213.021 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter B. Employer Penalties and Interest|Section 213.021. Interest on Past Due Contribution

Sec. 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 of one and one-half percent of the contribution for each month or portion of a month that the contribution and interest payments are not paid in full.  The total interest applied may not exceed 37-1/2 percent of the amount of contribution due at the due date.(b)  Liability for interest under Subsection (a) does not apply to an employer who:(1)  failed to pay a contribution because of the bona fide belief that all or some of its employees were covered under the unemployment insurance law of another state;  and(2)  paid when due a contribution on all the wages of those employees under that law.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.38(a), eff. Sept. 1, 1995.|
TX Lab Code § 213.022 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter B. Employer Penalties and Interest|Section 213.022. Penalty for Failure to File Report

Sec. 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 the commission a penalty in the amount equal to:(1)  $15, if the completed report is filed not later than the 15th day after the report's due date;(2)  $30 plus one-twentieth of one percent of wages that the employer failed to report, if the completed report is filed after the 15th day after the report's due date but during the first month after the report's due date;(3)  the sum of the amount computed under Subdivision (2) and the amount equal to $30 plus one-tenth of one percent of wages that the employer failed to report, if the completed report is filed during the second month after the report's due date;  or(4)  the sum of the amount computed under Subdivision (3) and the amount equal to $30 plus one-fifth of one percent of wages that the employer failed to report, if the completed report is filed during the third month after the report's due date.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.023 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter B. Employer Penalties and Interest|Section 213.023. Penalty for Other Violation

Sec. 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)  does not keep records required under this subtitle or commission rule;(2)  makes a false report to the commission;  or(3)  violates this subtitle or a commission rule adopted under this subtitle.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.024 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter B. Employer Penalties and Interest|Section 213.024. Penalty for Continuing Violation

Sec. 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 violation of this subtitle or of a rule adopted under this subtitle continues after notice is given as provided by Subsection (b).(b)  The penalty is imposed and becomes cumulative on the 10th day after the date written notice is given or mailed to the employing unit by the commission or its authorized representative.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.025 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter B. Employer Penalties and Interest|Section 213.025. Additional Interest on Judgment or Final Assessment for Past Due Contribution

Sec. 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 permitted under Section 213.021(a), the part of the judgment or final assessment for the amount of the contribution earns additional interest at the rate of one percent for each month or part of a month it remains unpaid.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.38(b), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 398, Sec. 3, eff. Sept. 1, 2001.|
TX Lab Code § 213.031 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.031. Collection Required; Methods

Sec. 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 by:(1)  bringing a civil action in the name of the state and the attorney general in a district court in Travis County;  or(2)  serving a notice of assessment on the defaulting employer, stating the amount of the contribution, penalty, and interest outstanding.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.032 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.032. Service of Notice of Assessment; Contents as Prima Facie Evidence; Judicial Review; Effect

Sec. 213.032.  SERVICE OF NOTICE OF ASSESSMENT;  CONTENTS AS PRIMA FACIE EVIDENCE;  JUDICIAL REVIEW;  EFFECT.  (a)  A notice of assessment shall be served on a defaulting employer:(1)  by personal delivery;(2)  by registered or certified mail, return receipt requested, or similar common carrier method to the employer's address as shown by commission records; or(3)  if an attempt to serve a notice of the assessment in a manner described by Subdivision (1) or (2) has been unsuccessful, in another manner that is reasonably calculated to give the employer notice of the assessment.(b)  A notice of assessment is prima facie evidence of the truth of contents of the notice.  The incorrectness of the notice may be shown.(c)  An employer aggrieved by the determination of the commission as stated in a notice of assessment may file a petition for judicial review of the assessment with a Travis County district court not later than the 30th day after the date on which the notice of assessment is served.  A copy of the petition must be served on a member of the commission or on a person designated by the commission in the manner provided by law for service of process on a defendant in a civil action in a district court.(d)  If an employer does not seek judicial review under Subsection (c), a commission assessment is final for all purposes.(e)  An assessment that is not contested by the employer or that is upheld after judicial review has the effect of a final judgment of a district court and shall be recorded, enforced, and renewed in the same manner.  An assessment described by this subsection is a final assessment.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 398, Sec. 4, eff. Sept. 1, 2001.Amended by: Acts 2021, 87th Leg., R.S., Ch. 298 (S.B. 695), Sec. 1, eff. September 1, 2021.|
TX Lab Code § 213.033 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.033. Limitations

Sec. 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 interest from an employer after the third anniversary after the due date of the contribution.(b)  The following actions suspend the running of the limitations period prescribed under Subsection (a):(1)  an administrative hearing to redetermine the liability for a contribution, a penalty, or interest pending before the commission;  and(2)  a bankruptcy case begun under Title 11 of the United States Code pending before the court.(c)  After a hearing or case described by Subsection (b) is closed, the running of the limitations period prescribed under Subsection (a) resumes.(d)  In the case of a wilful attempt to evade the provisions of this subtitle or a commission rule adopted under this subtitle, the action or assessment may be begun or made at any time.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 398, Sec. 5, eff. Sept. 1, 2001.|
TX Lab Code § 213.034 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.034. Statement as Evidence in Civil Action; Denial

Sec. 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 that the contribution, penalty, and interest shown to be due by the statement, report, or audit are delinquent and that all offsets, payments, and credits have been allowed, the statement, report, or audit is prima facie evidence of the truth of its contents unless before an announcement of ready for trial the defendant files an affidavit that:(1)  denies that all or part of the contribution, penalty, or interest is due;  and(2)  states the details relating to any part of the contribution, penalty, or interest claimed not due.(b)  If the defendant files an affidavit described by Subsection (a) on the day of the trial, the court at the request of the plaintiff shall postpone the cause for a reasonable time.(c)  A defendant who does not file an affidavit in accordance with this section may not deny the claim for the contribution, penalty, or interest or an item of the claim.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.035 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.035. Costs

Sec. 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 shall pay all costs of either action.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.|
TX Lab Code § 213.036 (2021)
2021 Texas Statutes|Labor Code|Title 4 - Employment Services and Unemployment|Subtitle A - Texas Unemployment Compensation Act|Chapter 213 - Enforcement of Texas Unemployment Compensation Act|Subchapter C. Collection of Contribution by Civil Suit or Notice of Assessment|Section 213.036. Abstract of Judgment; Abstract of Assessment; Fee; Release

Sec. 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 for a contribution, a penalty, or interest by warrant drawn by the comptroller to the county clerk of each county in which the abstract is recorded.(b)  The amount of the fee paid under Subsection (a) shall be added to the amount due under the judgment or assessment.(c)  When the liability secured by the lien is paid, the commission shall mail a release of the lien to the employer.  The employer is responsible for filing the release with the appropriate county clerk and for paying the county clerk's fee for recording the release.|Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 94, Sec. 8, eff. Sept. 1, 1997.|