Legislative and financial pressures have become an increasing threat to the staffing industry. Our congressional lobbying efforts give our members a voice when issues that impact our industry are before congress.
TAS believes that Staffing Professionals should be mindful of HB 577.
Do ban the box policies hurt those they were designed to help (.pdf article)
85th Legislative Session Update – February 2017
The TAS Legislative Committee is currently tracking several hundred bills on your behalf. In each legislative session as many as 6,000+ bills are filed and, while a large number are not relevant to your business, they must be reviewed. Right now there are about 50 bills on our radar (related to general employment, tax, discrimination, wage and hour) that we believe have implications for our industry.
The following is a list of four bills that represent those directly related to your temporary staffing business.
- HB 577 Author: Representative Paul Workman
Relating to the authority of a political subdivision to adopt or enforce certain regulations regarding whether a private employer may obtain or consider an employment applicant or employee’s criminal history record information.
We support this bill because it prohibits municipalities from creating ordinances that affect an employer’s hiring process. Because many of us operate firms in multiple jurisdictions, this bill would prevent a business from being forced to comply with multiple variable ordinances.
The bill has been referred to the Business & Industry Committee and the chair of that committee, Representative Hugh Shine, has signed on as a co-author of the bill.
- HB 2131 Author: Representative Rodney Anderson
This bill defines who is not an insurance adjuster, creating exemptions.
This bill could have an impact on some staffing firms who provide temporary insurance adjusters. These temporary adjusters may be taxable under the tax code.
This bill has not yet been referred to a committee.
- SB 745 Author: Senator Lois Kolkhorst
This bill relates to the exemption of certain services performed by certain employees from the sales and use tax, specifically temporary staffing.
Some history is relevant here: an insurance company and the state comptroller have engaged in a long legal battle over taxable services. Insurance adjusting services are taxable under Texas Tax Code, yet temporary staffing services are not. This lawsuit is pending review by the Texas Supreme Court.
TAS has worked with the comptroller’s office to ensure that the language will be workable for us. The major change for our industry will be that we will have an exemption instead of the current exclusion that we enjoy. The difference is that with an exemption, you must prove your status. The bill that was filed did not have our changes, we have been assured that they will be incorporated.
- SB 846 Author: Senator Don Huffines
This bill repeals Chapter 92 of the Labor Code.
Chapter 92 is specific to the licensing and regulation of temporary hiring halls and excludes temporary staffing firms. According to the Senator’s office, this was prompted by the Strategic Report by the Texas Department of Licensing & Regulation. This bill would no longer require hiring halls to be regulated or licensed by the state, but would allow municipalities to regulate both hiring halls and temporary staffing firms.
The Texas Association of Staffing is traveling from city to city to ensure that members of the Staffing profession are up to date on important items that affect our industry.
Mark your calendar and join us for one of these 90 minute breakfast events. Each event is certified for 1.5 hours of CEU’s from ASA, HRCI and SHRM.
Register at www.texasstaffing.org/events
Texas Association of Staffing Roadshow Schedule
February 16th – Houston, Texas
February 28th – San Antonio, Texas
March 1st – Austin, Texas
March 21st -Dallas, Texas
Texas Association of Staffing / Texas SHRM
8:30 a.m. / 6:00 p.m.
Thursday, April 20th
Crowne Plaza Hotel
This one day conference will share Legislative updates, offer up to 7 hours of CEU’s and allow you to walk away empowered with new knowledge that will impact your company.