SECTION 55.303. Employer New Hire Reporting Requirements

(a) Except as provided in §§55.304 - 55.306 of this title (relating to Common Paymaster, Multi-State Employers, and Federal Government Employers), each Texas employer shall furnish to the State Directory of New Hires in the state in which a newly hired employee works a report of all new hires that contains the following seven required data elements:

(1) the employee name,

(2) the employee address,

(3) the employee social security number,

(4) the employee's date of hire,

(5) the employer name,

(6) the employer address, and

(7) the Federal Employer Identification Number (FEIN).

(b) Employers, at their option may also provide the following additional information in the report:

(1) the employee's date of birth, and

(2) the employee's expected salary or wages,

(3) Employer payroll addresses for mailing of notice to withhold child support.

(c) All employers shall report new hire information on a Form W-4 or an equivalent form by first class mail, telephonically, or electronically as determined by the employer and in a format acceptable to the Title IV-D agency. The Title IV-D agency reserves the right to decline any type of form that it deems as illegible or inappropriate for new hire report processing and requests employers who elect to submit new hire reports via hardcopy to adopt the Employer New Hire Reporting Form supplied by the IV-D agency.

(1) Formats available to employers include:

(A) Fully and accurately completed copy of the new employee's W-4 form with all mandatory information, as specified by Employer New Hire Reporting requirements, typed or written using large, capitalized lettering (cursive writing is not permitted);

(B) The prescribed Employer New Hire Reporting Form (Form 1856e & 1856s) can be obtained from the Texas Attorney General's Child Support Division webpage www.texasattorneygeneral.gov under Child Support, Forms.

(C) Existing employer report or printout;

(D) Facsimile; or

(E) Any other means authorized by the Title IV-D agency for conveying information which includes electronic transmission.

(2) All printed lists must be provided in 10 point font, or larger.

(d) To ensure timely receipt of information, Texas employers are required to report the hiring or rehiring of persons to the Title IV-D agency. Employer New Hire reports shall be considered timely if postmarked by the due date or if filed electronically, upon receipt by the agency. Employer New Hire reports are due:

(1) not later than the 20 calendar days after the date the employer hires the employee; or

(2) in the case of an employer transmitting reports electronically, by two monthly transmissions (if necessary) not more than 16 days apart.

(e) Employers should send reports for newly hired or rehired employees to Texas Employer New Hire Reporting Operations Center, Post Office Box 149224, Austin, Texas 78714-9224.

(f) Questions regarding the Employer New Hire Reporting Program should be directed to Texas Employer New Hire Reporting on the Internet. The Internet address is: www.employer.texasattorneygeneral.gov.

(g) Each employer submitting an incomplete or illegible report, upon request, must resubmit the incomplete or illegible data within 10 days after receiving notice.

Source Note: The provisions of this §55.303 adopted to be effective October 1, 1998, 23 TexReg 9299; amended to be effective March 5, 2008, 33 TexReg 1761; amended to be effective March 15, 2010, 35 TexReg 2151; amended to be effective September 7, 2011, 36 TexReg 5665; amended to be effective November 10, 2014, 39 TexReg 8686