Bill Text: TX HB2579 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to relief for certain employers from penalties and sanctions under the Texas Unemployment Compensation Act.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2579 Detail]
Download: Texas-2011-HB2579-Enrolled.html
| H.B. No. 2579 | ||
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| relating to relief for certain employers from penalties and | ||
| sanctions under the Texas Unemployment Compensation Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 213, Labor Code, is | ||
| amended by adding Section 213.011 to read as follows: | ||
| 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. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2579 was passed by the House on April | ||
| 26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2579 was passed by the Senate on May | ||
| 24, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
