,’
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 clIn Ecauciont, Texas, for Dis-‘ with bona .zostod and tax paid. ~nemuch rieihe 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:orhould pay onother tar und bond in order to 0,aerate.

.**-**

honorable SOSKunschlk, Page 2

Viehave boen advised by legal counsel, however, that weara opcroting v;ithin the law.

*‘vie shall appreciate your advice in this connection, in order that wemsy determine what steps vieshould take.‘”

inpart: 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 yerirprior to the date of the application, and that such person orparsons ere of fr00amoral 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 eachcounty in which an employment offI& is to be maintnincd by said agent, -and upon rhe presentation to and approval by the Con&sslcner of acood and sufficient bond executed by the apgliccnt with gcod and sufficient surety in the ?ensl sumof 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

## 0rriOOwhere the busineso OSgiving 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

. anczployment 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 OSSloe slay be operated under any &e license. Noexception in nadc, either expressed or by neceoSary iqlicatlon, pemitting th3 operatiou or ssint8nance of ano-called “branch ofSite”, 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 astate 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 office” ahera the business OSthe 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 0113oSSice in %rrulcont and that in order for such agency to legally oper>to the Port Arthur ofl’ice an addltionbl liceuse nust boobtained.

.moorable Joe mnschik, ~ngs 4

Trusting that the abovo satlsSeotorlly disposes or your inquiry, ws remain

DBD:R:: YOUiS very truly ATTORNEY

G7XmALOFmcAs :
LfR&cAG, BY ' 0.BUrl@Daviss

Assistant

APPROVEDNOV 22,1940