By Brimer H.B. No. 994
75R828 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recomputation of an employer's unemployment
1-3 compensation experience rate based on payment by the employer of
1-4 certain voluntary contributions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 204, Labor Code, is amended
1-7 by adding Section 204.048 to read as follows:
1-8 Sec. 204.048. VOLUNTARY CONTRIBUTIONS. (a) Notwithstanding
1-9 any other provision of this subtitle, an employer for whom the
1-10 commission has computed an experience rate as of October 1 of a
1-11 calendar year that is effective for the succeeding calendar year,
1-12 as provided by Section 204.047(a), may elect to make a voluntary
1-13 payment of contributions to the commission.
1-14 (b) The amount of a voluntary contribution may be equal to
1-15 all or part of the employer's chargebacks during the period ending
1-16 September 30 that are used in computing the employer's experience
1-17 rate for the succeeding calendar year. The commission shall
1-18 allocate a voluntary contribution of less than the full amount of
1-19 the employer's chargebacks first to the employer's most recent
1-20 chargebacks.
1-21 (c) On receipt of a voluntary contribution during the period
1-22 prescribed by Subsection (d), the commission shall reduce the
1-23 employer's chargebacks by an amount equal to the contribution and
1-24 shall recompute the experience rate applicable to that employer
2-1 for the succeeding calendar year.
2-2 (d) An employer who elects to make a voluntary contribution
2-3 for the recomputation of the employer's experience rate must make
2-4 the contribution not later than the 30th day after the date on
2-5 which the commission mails to the employer the annual notice of the
2-6 employer's experience rate. The employer may not revoke the
2-7 contribution after the date on which the commission uses the
2-8 contribution to recompute the employer's experience rate.
2-9 (e) Notwithstanding Subsection (a), the commission may not
2-10 compute a new experience rate for an employer or reduce an
2-11 employer's experience rate based on a voluntary contribution made
2-12 by the employer after the expiration of the 120th day of the
2-13 calendar year for which the rate is effective.
2-14 (f) The commission shall deposit a voluntary contribution
2-15 made under this section to the credit of the compensation fund.
2-16 SECTION 2. This Act takes effect September 1, 1997, and
2-17 applies only to computation of an unemployment compensation
2-18 experience rate made by the Texas Workforce Commission on or after
2-19 that date. A rate computed before that date is governed by the law
2-20 in effect on the date that the rate was computed, and the former
2-21 law is continued in effect for that purpose.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 COMMITTEE AMENDMENT NO. 1
3-1 Amend House Bill No. 994 by adding the following:
3-2 In Section 1, Subsection (f), page 2, line 15 of the bill
3-3 insert the word unemployment between the words "the" and
3-4 "compensation".
3-5 Luna