Bill
HB 3150
84(R) - 2015
House Economic & Small Business Development
House Economic & Small Business Development
Economic & Small Business Development
Taxation
Vote Recommendation
Yes
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Neutral
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Neutral
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Neutral
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Positive
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Neutral
Author(s)
Dan Huberty
Co-Author(s)
Todd Hunter
Bill Caption
Relating to the calculation of taxable wages paid by a professional employer organization for purposes of the Texas Unemployment Compensation Act.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
HB 3150 would amend Chapter 91 (Professional Employer
Organizations) of the Labor Code. Specifically, this legislation would allow a
license holder to apply the maximum amount of taxable wages for a new employee
for wages that were paid to that employee by a former employer. However, this
only applies if the former employer has a working agreement with the license
holder (the new employer) for professional employer services.
Lastly, this legislation would require license holders to
use the North American Industry Classification System (NAIC) in their quarterly
reports to the Texas Workforce Commission (TWC).
Vote Recommendation Notes
05/24/15 update:
An amendment was introduced and adopted on the House floor that would require that, if the U.S. secretary of labor holds that the newly created provisions in this bill do not conform with federal statutes, the commission would have to administer these provisions to conform with federal statutes until the legislature has the opportunity to amend the law.
We continue to support this bill.
The second chamber sponsor is Senator Brandon Creighton.
First chamber recommendation:
According to the bill's statement of purpose for the bill, there is currently a case of double taxation because unemployment insurance contributions (as set by the wage-base for a calendar year) are currently collected in excess of the calendar year wage-base.
House Bill 3150 would modify the way the taxable wages paid by a professional employer organization are calculated for purposes of the Texas Unemployment Compensation Act. The bill aims to correct this problem and could reduce the scope of government. We support House Bill 3150.