SRC-MKV H.B. 2029 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2029
By: Yarbrough (Shapleigh)
Business & Commerce
5/5/2001
Engrossed


DIGEST AND PURPOSE 

The Consolidated Appropriations Act 2001, (Act) signed into law December
21, 2000, made amendments affecting current federal and state unemployment
insurance laws retroactive to December 21, 2000. In Texas, prior to January
1, 1995, Indian tribes were treated as political subdivisions and had the
option to elect reimbursing status for unemployment benefits. In 1995, the
United States Department of Labor (DOL) notified the Texas Workforce
Commission (TWC) that classifying Indian tribal councils as governmental
entities and allowing them to pay reimbursements was not in compliance with
DOL regulations, and TWC changed the tribes' status accordingly. The Act
essentially returns the tribes to the status they held prior to 1995. H.B.
2029 modifies provisions relating to unemployment insurance to bring Texas
into compliance with regulations mandated by federal law under the Act.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Section 201.011, Labor Code, is amended by adding Subdivision
(26) to define "Indian tribe." 
 
SECTION 2. Amends Chapter 201D, Labor Code, by adding Section 201.048, as
follows: 

Sec. 201.048.  SERVICE FOR INDIAN TRIBE.  Provides that, except as provided
by Sections 201.063 and 201.067, in this subtitle, "employment" includes
service performed in the employ of an Indian tribe if the services are
excluded from the definition of employment under the Federal Unemployment
Tax Act (26 U.S.C. Section 3301 et seq.), as amended, solely because of
Section 3306(c)(7) of that Act. 
 
SECTION 3. Amends Section 201.063(a), Labor Code, to add language to
provide that in this subtitle, "employment" does not include service
described by Subdivisions (1)-(3) performed in the employ of an Indian
tribe. 
 
SECTION 4. Amends Section 201.067, Labor Code, to make a conforming change.

SECTION 5. Amends Chapter 204A, Labor Code, by adding Section 204.010, as
follows: 

Sec. 204.010.  PAYMENT OF CONTRIBUTIONS BY INDIAN TRIBES. Requires an
Indian tribe that is subject to this subtitle to pay contributions under
the same terms and conditions as any other subject employer unless the
Indian tribe elects under Chapter 205 to make reimbursements for benefits
instead of contributions. 
 
SECTION 6. Amends Section 205.001(a), Labor Code, to make conforming
changes. 
 
 SECTION 7. Amends Chapter 205A, Labor Code, by adding Section 205.004, as
follows: 

 Sec. 205.004.  ELECTION BY INDIAN TRIBE. (a)  Requires an Indian tribe
that elects to make reimbursements for benefits instead of contributions to
make the election under this chapter in the same manner and  subject to the
same conditions as the state or a political subdivision of the state. 

(b)  Requires an Indian tribe that makes an election under this chapter to
determine whether the election is for the tribe as a whole, individual
tribal units, or a combination of individual tribal units. 

(c)  Requires an Indian tribe that makes an election under this chapter to
pay the full amount of benefits attributable to service performed in the
employ of the Indian tribe on the same schedule as other employing units
that have elected to make reimbursements for benefits instead of
contributions. 

(d)  Provides that an Indian tribe that fails to make a required payment,
including payment of a penalty and interest, before the 91st day after
receiving notice of the payment loses the option to pay reimbursements
instead of contributions for the following tax year unless the Texas
Workforce Commission (commission) receives payment in full before the date
contribution rates for that tax year are computed. 

(e)  Authorizes an Indian tribe that loses the option to pay reimbursements
instead of contributions due to late payments under Subsection (d) to
resume that option if, after the expiration of one year following the date
of losing the option, the Indian tribe has timely paid all contributions
and no contributions, payments instead of contributions for benefits paid,
penalties, or interest remain outstanding. 
 
SECTION 8. Amends Chapter 207A, Labor Code, by adding Section 207.009, as
follows: 

Sec. 207.009.  PAYMENT OF BENEFITS BY INDIAN TRIBE.  Provides that benefits
based on service in the employ of an Indian tribe, as described by Section
201.048, are payable in the same amount, on the same terms, and subject to
the same conditions as benefits paid on the basis of other service under
this subtitle. 
 
SECTION 9. Amends Chapter 209E, Labor Code, by adding Section 209.0845, as
follows: 

Sec. 209.0845.  CHARGES TO INDIAN TRIBE. Requires the total amount of
extended benefit payments that are attributable to service in the employ of
an Indian tribe and not reimbursed by the federal government to be charged
to the Indian tribe. 
 
SECTION 10. Amends Chapter 213A, Labor Code, by adding Section 213.010, as
follows: 

Sec. 213.010.  NOTICE TO INDIAN TRIBES.  Requires a notice of payment or
notice of delinquency provided to an Indian tribe under this chapter to
inform the Indian tribe that failure to make full payment within the
required time will or may cause certain outcomes. 
  
SECTION 11. Amends Chapter 213D, Labor Code, by adding Section 213.060, as
follows: 

Sec. 213.060.  ENFORCEMENT AGAINST INDIAN TRIBE. (a)  Provides that
services performed for an Indian tribe that fails to make a required
payment, including payment of a penalty and interest, are not considered,
after the exhaustion of all necessary collection activities by the
commission, to be employment for purposes of Section 201.048. 

 (b)  Authorizes services for an Indian tribe that loses coverage under
Subsection (a)  to be considered to be employment for purposes of Section
201.048 if the Indian tribe  has paid all contributions, payments instead
of contributions for benefits paid, penalties, and interest owed by the
Indian tribe. 

 (c)  Requires the commission to notify the Internal Revenue Service and
the United States Department of Labor of an Indian tribe that fails to make
required payments. 
 
SECTION 12. Authorizes an Indian tribe that was an employer for purposes of
Subtitle B, Title 4, Labor Code, immediately before the effective date of
this Act to make the initial election permitted under Section 205.004,
Labor Code, as added by this Act, to be effective for the 2002 calendar
year. 
 
SECTION 13.  Effective date: upon passage or September 1, 2001.