SRC-CTC S.B. 1137 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1137
77R3813 JMM-DBy: Carona
Business & Commerce
3/16/2001
As Filed


DIGEST AND PURPOSE 

Currently, employers of domestic workers are required to pay unemployment
insurance taxes quarterly for each of their employees who make less than
$1,000 in a quarter.  Paying these taxes quarterly is potentially
inconvenient for these employers due to the normally low amount of taxes 
owed.  As proposed, S.B. 1137 authorizes an employer of domestic service
workers to pay unemployment tax contributions annually.  

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.  Amends Section 201.027, Labor Code, by amending Subsection (b)
and adding Subsections (c)-(g) to authorize an employer subject to this
section who is not otherwise considered an employer under this subtitle to
annually report quarterly wages and pay contributions.  Requires that an
employer who elects to report wages and pay contributions under this
section to make the election not later than December 31 of the year before
the first calendar year reported. 

(c) Provides that contributions paid as provided by Subsection (b) become
due and are required to be reported and paid by each employer not later
than January 31 with respect to wages for employment paid in the preceding
calendar year.  Requires the Texas Employment Commission (commission), for
a rate taking effect under Section 204.041(c) during the preceding calendar
year, to estimate the rate, subject to a correction when a final
computation is made as provided by Section 204.047(c). 

(d) Requires an employer who elects to report wages and pay contributions
annually to file, on the request of the commission, reports at other times
as necessary to adjudicate a claim or to establish wage credits. 

(e) Requires any penalty or interest imposed on an employer who reports
wages and pays contributions annually under this section to be computed in
the same manner as for other types of employment. 

(f) Provides that an election by an employer under this section is not
revocable by the employer before the second anniversary of the date of
election. 

SECTION 2.  Amends Section 204.044, Labor Code, to authorize, in computing
the benefit ratio for employers who are subject only to Section 201.027 and
who have elected under that section to file reports annually, only taxable
wages for which contributions have been paid to the commission on or before
January 31. 

SECTION 3.  Amends Section 204.047, Labor Code, to provide an exception to
this section.  Provides that an employer who reports annually under Section
201.027 has the same computation date as other employers, and prohibits the
final computation of a rate for the employer from occurring before February
1 of the year following the computation date. 

SECTION 4.  Effective date: September 1, 2001.