,’ 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

QaupC.Yuac 

A-- 

\ 1 

Bonorsble Joe Eunnohik, comlasioner 

bureau oi .Labor Statistios 

Austin, Toxso 

Dear Sir; opinion No. O-2882 

opinion of this de_partnent 

your letter readsin part 

only one Officfa3. Xuzeing 

cl In Ecauciont, Texas, for Dis-‘ 

with bona .zostod and tax paid. 

~nemuch rie ihe work in Port Arthur could 

not be hnn31od odvanto~eous1.y in Deaumout, a 

brnnch mo opaned in Port mthur, but all 

work done mst clssr through the ncaunont office, 

“*your inspector advised that v:o rhould 

pay onother tar und bond in order to 0,aerate. 

. 
- 

honorable SOS Kunschlk, Page 2 

Vie have boen advised by legal counsel, however, that we ara opcroting v;ithin the law. 

*‘vie shall appreciate your advice in 

this connection, in order that we msy determine what steps vie should take.‘” 

in part: 

Article 5,210, Vernon*8 Civil Statutea, 1925, reads 

j. 

c* * * Application for license to act 

as employment sgent may be made in porcon or. 

by,mail to the Cor&::sloncr upon blank apqllcotlon .forms which shall bs verified by the ap- 

. p&ant. i;‘hor~ the aoplioation is made by a 

firm, psrtnorship or aesocistlon of persons, 

it must.be ,verffied by each person for whoao 

benefit the application is rmde, and such spplication shall also be accompanied by affidavits of at least five credible citizens, who 

have resided in ths county in which such ap0 plicant desirer to conduct the business of an 

employment agent, for at least three years, 

to the effect that the apglicont or applioants 

has or have resided within the county in which 

such person or parcons desires to bacoae an 

employment agent for at least one yerir prior 

to the date of the application, and that such 

person or parsons ere of fr00a moral character. 

* * * Such agplicaticn shall be examined by 

the Commissioner, and if he finds that the 

. same com9lies’rith the Iax and that ths applicant is entitled to a license, then he 

shall issue a license to the applicant for 

each county for ,whi.ch application is made .’ 

and shall dollvcr such license to the ap?licant upon the psynent of a licenss fee ol one 

hundred and fifty dollars for each county in 

which an employment offI& is to be maintnincd 

by said agent, -and upon rhe presentation to 

and approval by the Con&sslcner of a cood and 

sufficient bond executed by the apgliccnt with 

gcod and sufficient surety in the ?ensl sum of 

five thouscnd dollars, pnysblo to the Fjtcte Of 

Texas, for each county whe;e*a; ernploynont 

fice is to be maintained; Not riorc 

one offica shall bo opcrotsd under any om 

Ofthen 
-., 

c 

Koaorable Joe Kuuscbik, ?aCa 3 

license. * * *n 

Article 5208, Vernon’s Civil Statutes, 1925, and 

Article 1584, Vernon’s Penal Code, 1925, define “employment 

0friw as r0110vrs: _’ 

‘The. twin fKlzploymmt OSficet &am 

every place or 0rriOO where the busineso 

OS giving intolli~ence or infornatlon whore 

employmnt or 

the business of 

FEd on. + * cm 

As will be seen from Articles 5208 (and 15%4), 

eupru, an t?a~lOyiaent office iE any and every place 6r office 

where the business OS giving intelli&ence or inforzatlon where 

employment or help may-be obtained, or where the business OS 

. an czployment agent is oarrled ou, aEi lit Our opiniGi%hat 

56 port Arthur “bxa=h oSSice ” conies within the tems or this 

definition. 

f It IS clear from the very wrding or article 5210 

Bupra, that only ono such OS Sloe slay be operated under any &e 

license. No exception in nadc, either expressed or by neceoSary iqlicatlon, pemitting th3 operatiou or ssint8nance of 

a no-called “branch of Site”, but on the othor hand the LeOislature, In calacting the underscored portion of krticla 5208, 

eupra., In all probability had in mind just such a situation 

and just cuch a state of Sacts as is involved in the instant 

case. 

Even though all work done in Port Arthur through 

tho “branch OSfiC6” of the Official Nursing, Bureau, District 

No. 12, Texas Graduate Nurses association, must olear through 

the Beaumont office, it cannot be denied that the Port Arthur 

office 13 u plsoo 61’ ofSico within the terns of the above 

definition of “en31oymnt off ice” ahera the business OS the 

agent or aCemy is carried on. 

Par the SoreCoing reasons, you are mepeotlully adview3 that it IE our opinion that the licenco isou.ed by the 

Bureau OS Labor :itatistios to inotaut emp~oy~ert aCemy authorizas said agency to 0par.it.e only the 0113 oSSice in %rrulcont and that in order for such agency to legally oper>to 

the Port Arthur ofl’ice an addltionbl liceuse nust bo obtained. 

. 
moorable Joe mnschik, ~ngs 4 

Trusting that the abovo satlsSeotorlly disposes 

or your inquiry, ws remain 

DBD:R:: 

YOUiS very truly 

ATTORNEY G7XmAL OF mcAs : 

LfR&cAG, 

BY ' 

0. BUrl@ Daviss 

Assistant 

APPROVEDNOV 22, 1940