Tex.
Labor Code Section 204.065
Use of Surplus
(a)
If the amount in the compensation fund on a tax rate computation date is more than the ceiling of the compensation fund, the commission may use all or part of that surplus to pay outstanding bond obligations as provided by this section or to provide a surplus credit or a surplus credit rate as provided by Sections 204.0651 (Surplus Credit) and 204.0652 (Surplus Credit Rate) to an employer entitled to an experience rate on the computation date.(b)
If, on the tax rate computation date, there are outstanding bond obligations as described by Subchapter C (Limit on Application for Advance), Chapter 203 (Financing and Funds), including bond administrative expenses, the commission may transfer all or part of the surplus described by Subsection (a) to the obligation trust fund under Section 203.102 (Obligation Trust Fund) for payment of those obligations. The amount transferred under this subsection may not exceed any amount transferred to the unemployment compensation fund under Section 203.255 (Bond Proceeds)(b)(2).(c)
To the extent that any portion of the surplus is not used to pay bond obligations, the commission shall use that amount to compute:(1)
a surplus credit under Section 204.0651 (Surplus Credit); or(2)
an annual surplus credit rate under Section 204.0652 (Surplus Credit Rate).(d)
In determining the use of any surplus, the commission shall exercise the options that the commission determines to be in the best interests of the state’s employers and workers.
Source:
Section 204.065 — Use of Surplus, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.204.htm#204.065 (accessed May 11, 2024).
