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AN ACT
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relating to the computation of a surplus credit for certain |
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successor employing units. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 204, Labor Code, is |
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amended by adding Section 204.0861 to read as follows: |
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Sec. 204.0861. SURPLUS CREDIT FOR SUCCESSOR EMPLOYING |
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UNITS. (a) In this section, "surplus credit" means a credit |
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described by Section 204.0651. |
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(b) A successor employing unit to which compensation |
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experience is transferred under Section 204.083 is entitled to a |
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surplus credit attributable to, but not applied or received by, the |
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predecessor employing unit. |
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(c) A successor employing unit to which compensation |
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experience is transferred under Section 204.084 is entitled to a |
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surplus credit attributable to, but not applied or received by, the |
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predecessor employing unit if the commission determines that the |
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requirement described by Section 204.084(c)(3) is satisfied. |
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(d) If the commission determines that a transfer of |
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compensation experience was accomplished solely or primarily for |
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the purpose of obtaining a lower contribution rate, a successor |
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employing unit is not entitled to, and may not apply or receive, a |
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surplus credit under Subsection (b) or (c). |
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(e) A predecessor employing unit is not entitled to, and may |
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not apply or receive, all or any portion of a surplus credit that is |
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based on compensation experience that is transferred to a successor |
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employing unit under this subchapter. |
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(f) The commission shall adopt rules necessary to implement |
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and enforce this section, including rules that ensure that only a |
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successor employing unit applies or receives all or part of a |
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surplus credit previously attributable to a predecessor employing |
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unit. |
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SECTION 2. Section 204.0861, Labor Code, as added by this |
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Act, applies only to an acquisition of an organization, trade, or |
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business that occurs on or after the effective date of this Act. An |
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acquisition of an organization, trade, or business that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the acquisition occurred, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 638 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 638 passed the House on |
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April 20, 2011, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |