-. . 

THE AL 

OF TEXAS 

April 20, 1953 

- 

Home w. B. Morgan Opf8foa 100. s-30. 

Commlssiomer 

~... ~.~ 

Bureau of Labor Statistics Re: Althbrfty of the Bureau 

Austl8, Texas of Labor' Statistics to 

1iiAmse a Graysbr County 

reifdekt to operate a8 

emplopne8t agency 18 

Dear rare uorgaas Jefferso8 Cou8ty. 

You request the ?~pftios~bf @hhii office as.-to 

whether the Comsissioaer-W thb"BUrirau' of-Labor Statlstlos ca8 approve P8 apDlfbatIbi of a Griysoi County 

resideat to operate a8 emplbyme8t'&gCa~y i8'Jefferscm 

county e I8 other words,' eai'Pn~bn@lQment agait duly 

lice8sed-to operate aa emplqxneiit igeiEg fr GrPyso8 

County procure mother lieeiiiitti bperkte a8 emplogme8t 

agency u8&er the same iame 18 087 other county of thfs 

State, to-wit, Jefferso8. 

You have advised that ;gbU are iaterested im 

a8 opirfo8 co8cerrlmg only the Private Eaployme8t Age8ey 

Law. 

- 

Sectio8 3 of Article 5221a-6, V.C.S., reads 

i8 part as followss 

1, Where'tha app_libit%on is t&de br a 

firm, ~a%ershIp, c$y a8~assaelitioi bf'perso88, 

It must be rerilied“b~‘~qP#i persoi"f&r whose 

benefit the applfcat3.08 fs made, a8d sueh 

appllcatio8 shall also be aeeompa8ieQ bg affidavits of at least five .(5) eredftable citizens 

who have resided 18 the eoustg fr which sueh 

applicart desires to co8duct thi busfress of 

for at least three 

be 081~ one type of lfeemae issued under the 

provfsfors of this A&, whifeh lfee8se shall be 

desig8atad as a Private Employmert Agency 

llee8se, which will permft~the Bfeeasee to 

Aet as a Prlva$e Employmert Agem%, mafntafnf8g' 

only one office under said lfoense, 0 m 0N 
HOD. M. B. Morgan, p-e 2, (Op. no. S-30). 

The -underscored portions of Section 3 of 

Article 5221a-6 clearly indicate that the Ldglslatur8 

intended for the Prl.rate Employment Ag88t to be a 

resident of the oounty in which he cd8ducts the 

busisess of a Private Employment Ager'6yi The Leglslattme by this Sectios requires that five'~ci%ditoble 

citizens of the county where the agency lb to-be 

located make affidavits that the sppllcsbt'for a 

license to e8gage in the busi8ess of-a private employment age8cy (1) be a resident of the cousty 

where he intends to transact said busiaibs;~aid (2) 

be of good moral character. If the Leglslature'had 

Dot intended that the appliea8t be a reSPd88t Of the 

county where he Intended to do bUSi8eUs~aS~ 0 private 

employment agent, It cOrtal8ly would not have iacludad in the statute the speclflo requiremiit that the 

applicant submit with his application affidaVita 

from reputable citizens ntati8g .that he was a r88idOBt 

of the county where he iDteDded to do~busiaess. 

Under this statute the Bureau of Labor Statlitlcs 

12~8 approve as applisatio8 for an PpplioPat to do 

business as a private employment age8t li the applicant meets the requirements set out in then statute. 

If the applicant does sot meet the requirements 80 

set out the Bureau of Labor Statistic8 does .aOt have 

the power to approve 8uch a8 applicatio8; Fbr the 

Bureau to do so would be an assumption of authority 

prohibited by the Legislature. 

The intent of the LOgiSlatUre is madh~~evea 

clearer by Seetioa 3, Article 52210-5, th@ LPb6r 

Agency Law, which stipulates that tha affidaviW of 

the five creditable citizens are only to the etfect 

that the applicant or applicant8 are perWas of good 

moral character. Is this Sectlo8 they h&v&left out 

the residence requirement altogether. If such had 

been the intent of the Legislature in the-Rlvate 

Employment Agency Law it must be assumed that they 

would have also excluded the residence requirement 

from that law. 

Thus the Bureau of Labor StPtlbti'ci We8 

not have the power or authority to approve Pi application by a Graysor county resident to operate an 

employment agercy i8 Jefferson COUBty. 
. 

Hon. M. B. Morgan, page 3, (Op. Ilo. S-30). 

The Bureau of Lsbor Statistics cannot 

approve an application of a Grayioi County 

resident to operate a private emplOyIUO8t 

ag&BCy i8 Jeffersos county. 

APPROVED: 

Yours very truly, 

JORNBER SHEPPERD 

Rudy G. Rice 

State Affairs Divlslo8 

AttOr8Oy General 

C. IS. Richards 

Reviewly Assistr8t 

Xillis Greshnm 

Reviewi8g Asslsta8t 

BY 

AsSiStoBt 

Robert S. Trottl 

First AssIstPat