Texas Senate Bill SB638

Texas 2011 - 82nd Regular

• Introduced: 2/14/11
• Out of Senate Committee: 3/14/11
• Voted on by Senate: 3/24/11
• Refer: 2/23/11
• Out of House Committee: 4/13/11
• Report Pass: 3/14/11
• Voted on by House: 4/20/11
• Engrossed: 3/24/11
• Governor Action: 5/9/11
• Refer: 4/4/11
• Report Pass: 4/12/11
• Enrolled: 4/26/11
• Passed: 5/9/11

Caption

Relating to the computation of a surplus credit for certain successor employing units.

Impact

The legislation is set to impact the financial obligations of successor employing units in Texas. By enabling these successors to access surplus credits that have gone unclaimed, SB638 may alleviate some of the payroll tax burden associated with business acquisitions. This could make the acquisition of businesses more appealing, potentially leading to increased economic activity as new employers are incentivized to maintain or expand their workforces. Additionally, the bill includes provisions that prevent abuse of these credits, ensuring that they are not claimed when the transfer was primarily for obtaining lower contribution rates.

Summary

SB638 introduces provisions regarding the computation of surplus credits for successor employing units within the Texas Labor Code. This bill specifically allows a successor unit, upon acquiring compensation experience from a predecessor, to claim surplus credits that were not previously utilized by the predecessor. This provision aims to support new employers by providing them with specific financial credits, fostering a smoother integration of acquired businesses into the state’s labor compensation system.

Contention

While the bill appears to benefit newly established or acquired businesses by providing them with financial incentives, there are potential concerns regarding the implementation and oversight of this credit system. Stakeholders may contend about the criteria under which these credits are awarded, especially regarding determining whether a transfer was conducted primarily for the purpose of gaining a lower contribution rate. This aspect could lead to disputes or confusion when organizations attempt to navigate the new regulations, highlighting the need for clear operational guidelines from the Texas Labor Commission.