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.
Structure Texas Statutes
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 213.001. Representation in Court
Section 213.002. Prosecution of Criminal Actions
Section 213.003. Admissibility of Certified Copy of Commission Record
Section 213.004. Admissibility of Report or Audit; Prima Facie Evidence
Section 213.005. Costs Adjudged Against State or Commission
Section 213.006. Priority of Claim for Contribution
Section 213.007. Collateral Estoppel Doctrine Inapplicable
Section 213.008. Election of Collection Remedies
Section 213.009. Commission Enforcement of Out-of-State Judgment
Section 213.010. Notice to Indian Tribes
Section 213.011. Effect of Previous Employment Determination
Section 213.012. Restrictions or Conditions on Payments Prohibited