Thursday, November 11, 2004

Texas law has prohibited SUTA dumping since 2003

For some time, Texas law has only vaguely addressed SUTA dumping. In 2003 the Texas Legislature amended the Texas Unemployment Compensation Act, to provide the TWC with authority to combat some forms of SUTA dumping abuse. In the rush to analyze the recently adopted federal law addressing SUTA dumping, Texas firms should not lose sight of the existing Texas law on this issue.

Section 204.084 of the Texas Labor Code was amended in the 2003 session of the Legislature to provide the Texas Workforce Commission with the regulatory tools necessary to combat SUTA dumping.

Since September 1, 2003 the TWC has had the statutory authority to refuse to recognize corporate transactions that would result in a transfer of UI experience, if the TWC "determines based on credible evidence" that the transaction was "done primarily to qualify for a reduced unemployment tax rate" by circumventing or manipulating the UI exeperience rating system.

Under the 2003 amendement to the UI statute, the TWC can simply refuse to transfer a UI tax rate thus preventing an employer from "buying" an artificially low UI tax rate from a dormant company.


Texas Department of Licensing proposes fee reduction for Texas PEO licenses

The Texas Department of Licensing & Regulation has published a proposed rule that would significantly reduce the licensing fees paid by Texas PEOs. Although the Department has not yet formally adopted the rule change, there is every reason to expect that it will be formally adopted in substantially the same form as the proposed rule.

Under the proposal, the various fees paid by PEOs for a new, renewed or limited license would be reduced significantly. The Department was able to reduce fees for PEOs because of the additional revenue being received by the TDLR as a result of its administration of a new statewide electrician's license. The TDLR has processed more than 80,000 electrical licenses and the fees received have allowed the TDLR to spread its overhead expenses across a broader base of licenses.

Application fee
Old fee: $300
New fee: $150

License Fee
0-249 employees
Old fee: $1,000
New fee: $250

250-750 employees
Old fee: $1,500
New fee: $500

More than 750 employees
Old fee: $2,000
New fee: $750

Background check fee
Old fee: $150
New fee: None. Although the TDLR will continue to conduct background checks, the proposed rule eliminates a separate background check fee.