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.
Spectrum: 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 |
|
||
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 |