Texas House Bill HB2579

Texas 2011 - 82nd Regular

• Introduced: 3/8/11
• Out of House Committee: 4/13/11
• Voted on by House: 4/27/11
• Refer: 3/15/11
• Out of Senate Committee: 5/13/11
• Report Pass: 4/12/11
• Voted on by Senate: 5/24/11
• Engrossed: 4/27/11
• Governor Action: 6/17/11
• Refer: 5/3/11
• Report Pass: 5/13/11
• Enrolled: 5/24/11
• Passed: 6/17/11

Caption

Relating to relief for certain employers from penalties and sanctions under the Texas Unemployment Compensation Act.

Impact

The bill amends Chapter 213 of the Labor Code by adding provisions that protect employers relying on previous rulings regarding employment determinations. This shift aims to minimize the adverse effects on businesses when employment statuses are subsequently reclassified, outlining criteria under which an employer would not incur penalties related to unemployment contributions. The provisions include conditions that must be met for an employer to qualify for this relief, thus attempting to balance state regulatory intentions with fair treatment of employers.

Summary

House Bill 2579 addresses regulations concerning penalties and sanctions under the Texas Unemployment Compensation Act. Specifically, the bill offers relief to certain employers who may have faced penalties as a result of a change in employment rulings. It stipulates that employers can reasonably rely on judicial or commission rulings regarding the employment status of individuals, which has significant implications for how businesses operate within the state's legal framework. The intention is to provide a safety net for employers who might otherwise be unfairly penalized based on evolving legal interpretations of employment status.

Contention

During discussions surrounding HB2579, there were concerns regarding the potential for abuse of the relief provisions. Critics of the bill argue that it might enable employers to exploit the framework to avoid responsibilities, thereby impacting the state's unemployment fund. There is a need for safeguards to ensure that the criteria outlined in the bill are not used to unjustly benefit certain employers at the expense of the unemployment insurance system. Furthermore, the bill’s effects on worker protections and the overall labor market were subjects of debate, reflecting the broader conversation about the balance of power between employers and employees in the state.