By Yarbrough, et al.                                  H.B. No. 2029
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the application of the Texas Unemployment Compensation
 1-3     Act to employment by an Indian tribe.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 201.011, Labor Code, is amended by adding
 1-6     Subdivision (26) to read as follows:
 1-7                 (26)  "Indian tribe" has the meaning assigned by
 1-8     Section 3306(u), Federal Unemployment Tax Act (26 U.S.C. Section
 1-9     3306), as amended.  A reference in this subtitle to an Indian tribe
1-10     includes a tribal unit, a subdivision or subsidiary of an Indian
1-11     tribe, and a business wholly owned by an Indian tribe.
1-12           SECTION 2. Subchapter D, Chapter 201, Labor Code, is amended
1-13     by adding Section 201.048 to read as follows:
1-14           Sec. 201.048.  SERVICE FOR INDIAN TRIBE. Except as provided
1-15     by Sections 201.063 and 201.067, in this subtitle, "employment"
1-16     includes service performed in the employ of an Indian tribe if the
1-17     services are excluded from the definition of employment under the
1-18     Federal Unemployment Tax Act (26 U.S.C. Section 3301 et seq.), as
1-19     amended, solely because of Section 3306(c)(7) of that Act.
1-20           SECTION 3. Section 201.063(a), Labor Code, is amended to read
1-21     as follows:
1-22           (a)  In this subtitle, "employment" does not include:
1-23                 (1)  service in the employ of a political subdivision
1-24     or of an instrumentality of a political subdivision that is wholly
 2-1     owned by one or more political subdivisions:
 2-2                       (A)  as an elected official;
 2-3                       (B)  as a member of a legislative body;
 2-4                       (C)  as a member of the judiciary;
 2-5                       (D)  as a temporary employee in case of fire,
 2-6     storm, snow, earthquake, flood, or similar emergency; or
 2-7                       (E)  in a position that is designated under law
 2-8     as a major nontenured policy-making or advisory position or a
 2-9     policy-making or advisory position that ordinarily does not require
2-10     more than eight hours of service each week;
2-11                 (2)  service in the employ of a foreign government,
2-12     including service as a consular or other officer or employee or as
2-13     a nondiplomatic representative;
2-14                 (3)  service in the employ of an instrumentality wholly
2-15     owned by a foreign government if:
2-16                       (A)  the service is similar to service performed
2-17     in a foreign country by an employee of the United States government
2-18     or an instrumentality of that government; and
2-19                       (B)  the United States secretary of state has
2-20     certified to the United States secretary of the treasury that the
2-21     foreign government grants an equivalent exemption for similar
2-22     services performed in the foreign country by an employee of the
2-23     United States government or an instrumentality of the United States
2-24     government;  [or]
2-25                 (4)  service in the employ of the United States
2-26     government or an instrumentality of the United States exempt under
2-27     the United States Constitution from the contributions imposed by
 3-1     this subtitle; or
 3-2                 (5)  service described by Subdivisions (1)-(3)
 3-3     performed in the employ of an Indian tribe.
 3-4           SECTION 4. Section 201.067, Labor Code, is amended to read as
 3-5     follows:
 3-6           Sec. 201.067.  REHABILITATIVE SERVICE;  WORK RELIEF. In this
 3-7     subtitle, "employment" does not include:
 3-8                 (1)  service performed by an individual receiving
 3-9     rehabilitative or paying work in the employ of a facility that is
3-10     conducted for the purpose of carrying out a program of
3-11     rehabilitation for individuals whose earning capacity is impaired
3-12     by age, physical or mental deficiency or injury or that provides
3-13     paying work for individuals who, because of their impaired physical
3-14     or mental capacity, cannot be readily absorbed in the competitive
3-15     labor market; or
3-16                 (2)  service performed as a part of an unemployment
3-17     work-relief or work-training program assisted or financed in whole
3-18     or in part by a federal agency, an agency of a state, [or] a
3-19     political subdivision of a state, or an Indian tribe by an
3-20     individual receiving the work relief or work training.
3-21           SECTION 5. Subchapter A, Chapter 204, Labor Code, is amended
3-22     by adding Section 204.010 to read as follows:
3-23           Sec. 204.010.  PAYMENT OF CONTRIBUTIONS BY INDIAN TRIBES. An
3-24     Indian tribe that is subject to this subtitle shall pay
3-25     contributions under the same terms and conditions as any other
3-26     subject employer unless the Indian tribe elects under Chapter 205
3-27     to make reimbursements for benefits instead of contributions.
 4-1           SECTION 6. Section 205.001(a), Labor Code, is amended to read
 4-2     as follows:
 4-3           (a)  A state, a political subdivision of a state, an Indian
 4-4     tribe, or an instrumentality of a state, [or a] political
 4-5     subdivision of a state, or Indian tribe may elect to pay
 4-6     reimbursements for benefits instead of contributions.
 4-7           SECTION 7. Subchapter A, Chapter 205, Labor Code, is amended
 4-8     by adding Section 205.004 to read as follows:
 4-9           Sec. 205.004.  ELECTION BY INDIAN TRIBE. (a)  An Indian tribe
4-10     that elects to make reimbursements for benefits instead of
4-11     contributions shall make the election under this chapter in the
4-12     same manner and  subject to the same conditions as the state or a
4-13     political subdivision of the state.
4-14           (b)  An Indian tribe that makes an election under this
4-15     chapter shall determine whether the election is for the tribe as a
4-16     whole, individual tribal units, or a combination of individual
4-17     tribal units.
4-18           (c)  An Indian tribe that makes an election under this
4-19     chapter shall pay the full amount of benefits attributable to
4-20     service performed in the employ of the Indian tribe on the same
4-21     schedule as other employing units that have elected to make
4-22     reimbursements for benefits instead of contributions.
4-23           (d)  An Indian tribe that fails to make a required payment,
4-24     including payment of a penalty and interest, before the 91st day
4-25     after receiving notice of the payment loses the option to pay
4-26     reimbursements instead of contributions for the following tax year
4-27     unless the commission receives payment in full before the date
 5-1     contribution rates for that tax year are computed.
 5-2           (e)  An Indian tribe that loses the option to pay
 5-3     reimbursements instead of contributions due to late payments under
 5-4     Subsection (d) may resume that option if, after the expiration of
 5-5     one year following the date of losing the option, the Indian tribe
 5-6     has timely paid all contributions and no contributions, payments
 5-7     instead of contributions for benefits paid, penalties, or interest
 5-8     remain outstanding.
 5-9           SECTION 8. Subchapter A, Chapter 207, Labor Code, is amended
5-10     by adding Section 207.009 to read as follows:
5-11           Sec. 207.009.  PAYMENT OF BENEFITS BY INDIAN TRIBE. Benefits
5-12     based on service in the employ of an Indian tribe, as described by
5-13     Section 201.048, are payable in the same amount, on the same terms,
5-14     and subject to the same conditions as benefits paid on the basis of
5-15     other service under this subtitle.
5-16           SECTION 9. Subchapter E, Chapter 209, Labor Code, is amended
5-17     by adding Section 209.0845 to read as follows:
5-18           Sec. 209.0845.  CHARGES TO INDIAN TRIBE. The total amount of
5-19     extended benefit payments that are attributable to service in the
5-20     employ of an Indian tribe and not reimbursed by the federal
5-21     government shall be charged to the Indian tribe.
5-22           SECTION 10. Subchapter A, Chapter 213, Labor Code, is amended
5-23     by adding Section 213.010 to read as follows:
5-24           Sec. 213.010.  NOTICE TO INDIAN TRIBES. A notice of payment
5-25     or notice of delinquency provided to an Indian tribe under this
5-26     chapter must inform the Indian tribe that failure to make full
5-27     payment within the required time:
 6-1                 (1)  will cause the Indian tribe to be liable for taxes
 6-2     under the  Federal Unemployment Tax Act (26 U.S.C. Section 3301 et
 6-3     seq.), as amended;
 6-4                 (2)  will cause the Indian tribe to lose the option to
 6-5     pay reimbursements for benefits instead of contributions; and
 6-6                 (3)  may cause the Indian tribe to no longer be
 6-7     considered an employer and services for the Indian tribe to no
 6-8     longer be considered employment for purposes of Section 201.048.
 6-9           SECTION 11. Subchapter D, Chapter 213, Labor Code, is amended
6-10     by adding Section 213.060 to read as follows:
6-11           Sec. 213.060.  ENFORCEMENT AGAINST INDIAN TRIBE. (a)
6-12     Services performed for an Indian tribe that fails to make a
6-13     required payment, including payment of a penalty and interest, are
6-14     not considered, after the exhaustion of all necessary collection
6-15     activities by the commission, to be employment for purposes of
6-16     Section 201.048.
6-17           (b)  Services for an Indian tribe that loses coverage under
6-18     Subsection (a)  may be considered to be employment for purposes of
6-19     Section 201.048 if the Indian tribe has paid all contributions,
6-20     payments instead of contributions for benefits paid, penalties, and
6-21     interest owed by the Indian tribe.
6-22           (c)  The commission shall notify the Internal Revenue Service
6-23     and the United States Department of Labor of an Indian tribe that
6-24     fails to make required payments.
6-25           SECTION 12. An Indian tribe that was an employer for purposes
6-26     of Subtitle B, Title 4, Labor Code, immediately before the
6-27     effective date of this Act may make the initial election permitted
 7-1     under Section 205.004, Labor Code, as added by this Act, to be
 7-2     effective for the 2002 calendar year.
 7-3           SECTION 13.  This Act takes effect immediately if it receives
 7-4     a vote of two-thirds of all the members elected to each house, as
 7-5     provided by Section 39, Article III, Texas Constitution.  If this
 7-6     Act does not receive the vote necessary for immediate effect, this
 7-7     Act takes effect September 1, 2001.