Texas Attorney General Opinion: MS-138 Page: 4 of 11
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EHn. Weldon Hart, page four (MS-138)
As related in the second paragraph of your letter, the ori-
ginal Act did not provide for succession to compensation experience.
In a measure, succession to compensation experience was pro-
vided for in 1941 when Section 7 was amended by adding subsection (a)
7, effecting March 27, 1941. (Ch. 83, Acnt 47th Leg., 1941.)
The amendment authorized succession to compensation experience
of a predecessor employer where two or more employing units were parties
to or the subject of a merger, consolidation, or other form of reorganiza-
tion effecting a change in legal identity or form if the Commission found
certain facts to exist. No rate of less than two and seven-tenths per cen-
turn (2.7%) was permitted an employing unit succeeding to the experience
of another employing unit for any period subsequent to such succession ex-
cept in accordance with regulations prescribed by the Commission, qensist-
ent with Federal requirements an the provisions of the Act, except that
such regulations could establish a computation date for any such period
different from the computation date generally prescribed by the Act.
In 1949, subsection (c)(7) was amended, effective July 1, 1949
(Ch. 148, Acts 51 Leg., 1949) to provide, in part, as follows:
"If, subsequent to the thirtieth day of June, 1949,
an employing unit becomes an employer under the terms of
subsection 19(f) (2) of this Act, or acquires a part of
the organization, trade or business of an employer, such
acquiring successor employing unit and such predecessor
employer may jointly make written application to the Coamis-
sion for that compensation experience of such predecessor
employer which is attributable to the organization, trade
or business or the part thereof acquired to be treated as
compensation experience of such successor employing unit.
The Commission shall approve such application if it finds
that (i) the joint application was received by the Commis-
sion within bne hundred eighty (180) days following the
date of the acquisition; and (ii) immediately after such
acquisition the successor employing unit continued opera-
tion of substantially the same organization, trade or
business or part thereof acquired; and (iii) the predeces-
sor employer has waived, in writing, all his rights to an
experience rating based on the compensation experience
attributable to the organization, trade or business or
part thereof acquired by the successor employing unit; and
(iv) in the event of the acquisition of only a part of a
predecessor employer's organization, trade or business,
such aoqisistion was a part to which a definitely identi-
fiable and segregable part of the predecessor's compensa-
tion experience was and is attributable; and (v) if
the successor employing unit was not an employer at the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-138, text, June 14, 1954; (https://texashistory.unt.edu/ark:/67531/metapth276004/m1/4/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.