JKM S.B. 706 75(R)BILL ANALYSIS


ECONOMIC DEVELOPMENT
S.B. 706
By: Patterson, Jerry (Brimer)
5-7-97
Committee Report (Unamended)



BACKGROUND 

Currently, under Section 204.002, Labor Code, an employer is required to
pay a contribution on wages for employment paid to the Texas Workforce
Commission (commission) for the unemployment compensation fund. When an
employee is terminated and seeks unemployment compensation, whether the
compensation is for three days or three weeks, the employer's modifier, or
premium, will rise to offset the claim. This increased modifier, or
premium, will be in force for several years in order to pay off the claim.
This bill would authorize certain employers to make certain voluntary lump
sum payments of contributions to the commission, and would require the
commission, in turn, to recompute the employer's compensation experience
rate based on the voluntary contributions. 

PURPOSE

As proposed, S.B. 706 authorizes certain employers to make certain
voluntary lump sum payments of contributions to the Texas Workforce
Commission. Requires the commission to recompute the employer's
compensation experience rate based on such contributions. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Chapter 204C, Labor Code, by adding Section 204.048, as
follows: 

Sec. 204.048. VOLUNTARY CONTRIBUTIONS. (a) Authorizes an employer for whom
the Texas Workforce Commission (commission) has computed an experience
rate as of October 1 of a calender year that is effective for the
succeeding calender year, as provided by Section 204.047(a), to elect to
make a voluntary payment of contributions to the commission.  (b)
Authorizes the amount of a voluntary contribution to be equal to all or
part of the employer's chargebacks during the period ending September 30
that are used in computing the employer's experience rate for the
succeeding calender year. Requires the commission to allocate a voluntary
contribution of less than the full amount of the employer's chargebacks
first to the employer's most recent chargebacks.  (c) Requires the
commission, on receipt of a voluntary contribution during the period
prescribed in Subsection (d), to reduce the employer's chargebacks by an
amount equal to the contribution and to recompute the experience rate
applicable to that employer for the succeeding calender year.  (d)
Requires an employer who elects to make a voluntary contribution for the
recomputation of the employer's experience rate to make the contribution
by the 30th day after the date on which the commission mails to the
employer the annual notice of the employer's experience rate. Prohibits
the employer from revoking the contribution after the date on which the
commission uses the contribution to recompute the employer's experience
rate.  (e) Prohibits the commission from computing a new experience rate
for an employer or reducing an employer's experience rate based on a
voluntary contribution made by the employer after the expiration of the
120th day of the calender year for which the rate is effective.  (f)
Requires the commission to deposit a voluntary contribution made under
this section to the credit of the compensation fund. 

SECTION 2.Effective date: September 1, 1997. Makes application of this Act
prospective. 

SECTION 3.Emergency clause.