Tex. Lab. Code § 213.032 · Subchapter C. COLLECTION OF CONTRIBUTION BY CIVIL SUIT OR NOTICE OF ASSESSMENT
SERVICE OF NOTICE OF ASSESSMENT; CONTENTS AS PRIMA FACIE EVIDENCE; JUDICIAL REVIEW; EFFECT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/LA/htm/LA.213.htm
- Text hash
- sha256 995496a8f407d83080e24afb760149268c94256bd7d798bd3be726c90134ab18
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 3 provisions
Provisions in this library whose text cites Tex. Lab. Code § 213.032. Each shows the citation as that text prints it.
Labor Code
- Tex. Lab. Code § 212.006RECOVERY OF BENEFITS PAID.Printed as Sections 213.031, 213.032, 213.033, 213.035, and 213.051
- Tex. Lab. Code § 214.002LIABILITY FOR IMPROPERLY OBTAINING BENEFITS.Printed as Sections 213.031, 213.032, 213.033, 213.035, and 213.051
- Tex. Lab. Code § 214.003FORFEITURE OR CANCELLATION OF BENEFITS PAID AND REMAINING BENEFITS; PENALTY.Printed as Sections 213.031, 213.032, 213.033, 213.035, and 213.051
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.