E A ORNEY GENEKAL

OFTEXAS

Honorable Leonard Carlton, Commissioner Bureau of Labor Statistics Austin, Texas

Dear Sir: OpinionNo. O-6744 Re: Under the Texas Employment andLabor Agency Law (Art. 5221a-4, V.A.C.S.T.) can an employment agencg'operate inmore 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 followingquestion:

?Jnderthe Texas Employment and Labor Agency Law can an employmentagency operate inmore 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:

"Applicationand bond for an employment or labor agency shallbe executed on blank forms prescrFbed and furnishedby the Commissioner. Application for license to act as an employment or labor agency may be made inperson or by mail to the Commissioner upon blank application formwhich shall be verified by the applicant. Where the application ismade by
a firm, partnership, or association of persons, it must be verifiedby each person for whose benefit the application ismade, and such application shall also be accompanied by affidavits of at least five (5) creditable citizenswho have resided in the county inwhich 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 Commissionermay 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 shallbe granted to any person except those of good moral character.

"Suchapplicationshallbe examinedby the Commissionerand if he finds that the same complieswith the law and that the applicant is entitled to a license then he shall issuea license to the applicant for each county forwhich application ismade, and shalldeliver such license to the applicant upon the payment of a license fee of One Hundred Fifty Dollars ($150) for each county inwhich the employment or labor agent Intends to operate. Not more than one office shallbe operated for each license issued. Each personmaking application for an employmentor labor agency license and before such license is issued, shallmake and filewith the Commissioner
a good and sufficientbond executedby the appllcantwith good and sufficient surety in the penal
sum of Five ThousandDollars ($5,000), payable to the State of Texas, for each county in which the agent intends to operate; said bond shallbe conditioned~

that the obligorwill not violate any of the duties, terms, conditionsand requirements of thisAct, and that the principal, his agents or representatives will not make any false representation or statement to any person

. solicitingany assistance from him for employees

or employment, or solicitedby him to accept employment.
"Saidbond shall furtherrecite that any person injured or aggrieved by any false or fraudulent statement of suchsgent,hissub-agentsor representatives, or any violation of the provisions thereofby such agent,s&-agent or representative, shallbe entitled to bring suit thereon. Each license issuedby the Commissioner shallbe good for a period of one year from the date of issuance." (Underscoringadded).
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 saidArt. 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 Issuedan opinion (No. O-2882) to theHonorable Joe Kunschik, Commissioner,Bureau of Labor Statistics atHonorable Leonard Carlton, page 3 O-6744

that time, inwhich a question similar to yours was resolved
as follows:

"It is clear from the very wording of Article 5210, supra, that only one such officemay be operatedunder any one license. No exception 1s made, either expressed or by necessary implication, permitting the operation or maintenance of a socalled 'branchoffice', - - it Is our opinion that the license issuedby 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 suchagency to legally operate the Port Arthur office an additional licensemust be obtained."

It is our opinion from a careful study of said Sec. 3 of Art. 5221a-4 supra, thatthe next foregoingquoted 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 employmentagency to legally operate inmore than one county itmust 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 encloseherewith a copy of said OpinionNo. o-2882.

Yours very truly

ATTORNEY GENERAL OF TEXAS

By s/RobertL. Lattlmore, Jr. Robert L. Lattimore, Jr., Assistant

RLL:ZD:wc

APPROVED SEP 5, 1945 s/Carlos C. Ashley FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion CommltteeBy s/BWB Chairman