E A ORNEY GENEKAL 

OFTEXAS 

Honorable Leonard Carlton, Commissioner 

Bureau of Labor Statistics 

Austin, Texas 

Dear Sir: Opinion No. O-6744 

Re: Under the Texas Employment andLabor Agency Law (Art. 5221a-4, 

V.A.C.S.T.) can an employment 

agencg'operate in more than one 

county, i.e., have one central office and branch offices in other 

counties? 

We have received your recent request for an opinion 

on the following question: 

?Jnder the Texas Employment and Labor Agency 

Law can an employment agency operate in more 

than one county, i.e. have one central office 

and branch offices in other counties?" 

Section 3 of Art. 5221a-4, V.A.C.S.T., provides as 

follows: 

"Application and bond for an employment or labor 

agency shall be executed on blank forms prescrFbed 

and furnished by the Commissioner. Application for 

license to act as an employment or labor agency may 

be made in person or by mail to the Commissioner 

upon blank application form which shall be verified 

by the applicant. Where the application is made by 

a firm, partnership, or association of persons, it 

must be verified by each person for whose benefit 

the application is made, and such application shall 

also be accompanied by affidavits of at least five 

(5) creditable citizens who have resided in the 

county in which such applicant desires to conduct 

the business of an employment or labor agency for at 

least three (3) years, to the effect that the appllcant or applicants are residents of the county in 

which such person desires to become an employment or 

labor agent, and that such person or persons are of 

good moral character. The Commissioner may acquire 

additional evidence of the moral character of appli- 
Honorable Leonardo Carlton, page 2 O-6744 

cants and may make such additional investigation 

of said applicant as he deems necessary, and no 

license shall be granted to any person except 

those of good moral character. 

"Such applicationshall be examined by the 

Commissioner and if he finds that the same complies with the law and that the applicant is entitled to a license then he shall issue a license 

to the applicant for each county for which application is made, and shall deliver such license 

to the applicant upon the payment of a license 

fee of One Hundred Fifty Dollars ($150) for each 

county in which the employment or labor agent 

Intends to operate. Not more than one office 

shall be operated for each license issued. Each 

person making application for an employment or 

labor agency license and before such license is 

issued, shall make and file with the Commissioner 

a good and sufficient bond executed by the appllcant with good and sufficient surety in the penal 

sum of Five Thousand Dollars ($5,000), payable 

to the State of Texas, for each county in which 

the agent intends to operate; said bond shall be 

conditioned~ that the obligor will not violate 

any of the duties, terms, conditions and requirements of this Act, and that the principal, his 

agents or representatives will not make any 

false representation or statement to any person 

. soliciting any assistance from him for employees 

or employment, or solicited by him to accept employment. 

"Said bond shall further recite that any person injured or aggrieved by any false or fraudulent statement of suchsgent, his sub-agents or 

representatives, or any violation of the provisions thereof by such agent, s&-agent or representative, shall be entitled to bring suit thereon. 

Each license issued by the Commissioner shall be 

good for a period of one year from the date of 

issuance." (Underscoring added). 

Prior to the enactment in 1943 by the 48th Legislature 

of the provisions contained in Art. 5221a-4, V.A.C.S.T., substantlally the same provisions as now appear in Section 3 of 

said Art. 5221a-4 then appeared in Art. 5210, V.A.C.S.T. In 

1940 and prior to the repeal of said~ Art. 5210, V.A.C.S.T., 

this department Issued an opinion (No. O-2882) to the Honorable Joe Kunschik, Commissioner, Bureau of Labor Statistics at 
Honorable Leonard Carlton, page 3 O-6744 

that time, in which a question similar to yours was resolved 

as follows: 

"It is clear from the very wording of Article 

5210, supra, that only one such office may be 

operated under any one license. No exception 1s 

made, either expressed or by necessary implication, 

permitting the operation or maintenance of a socalled 'branch office', - - it Is our opinion 

that the license issued by the Bureau of Labor 

Statistics to instant employment agency authorizes 

said agency to operate only the,one office in 

Beaumont and that in order for such agency to 

legally operate the Port Arthur office an additional license must be obtained." 

It is our opinion from a careful study of said Sec. 3 

of Art. 5221a-4 supra, thatthe next foregoing quoted holding 

Is also applicable to the extant Texas Employment and Labor 

Agency Law; therefore, our answer to your question is that 

in order for such employment agency to legally operate in more 

than one county it must obtain a license under the terms of 

said Sec. 3 of Art. 5221a-4, supra, for each county in which 

it intends to operate. 

We enclose herewith a copy of said Opinion No. o-2882. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/Robert L. Lattlmore, Jr. 

Robert L. Lattimore, Jr., 

Assistant 

RLL:ZD:wc 

APPROVED SEP 5, 1945 

s/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

Approved Opinion Commlttee By s/BWB Chairman