reglab/housing_qa huggingface dataset:
TX Lab Code § 91.004 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter A. General Provisions|Section 91.004. Effect of Other Law on Clients and Employees

Sec. 91.004.  EFFECT OF OTHER LAW ON CLIENTS AND EMPLOYEES.  (a)  This chapter does not exempt a client of a license holder, or any covered employee, from any other license requirements imposed under local, state, or federal law.(b)  A covered employee who is licensed, registered, or certified under law is considered to be an employee of the client for the purpose of that license, registration, or certification.(c)  A license holder is not engaged in the unauthorized practice of an occupation, trade, or profession that is licensed, certified, or otherwise regulated by a governmental entity solely by entering into a professional employer services agreement with a client and covered employees.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 4, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.005 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter A. General Provisions|Section 91.005. Application of Certain Procurement Laws

Sec. 91.005.  APPLICATION OF CERTAIN PROCUREMENT LAWS.  With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client's status or certification as a small, minority-owned, disadvantaged, or woman-owned business enterprise or as a historically underutilized business is not affected because the client has entered into a professional employer services agreement with a license holder or uses the services of a license holder.|Added by Acts 1999, 76th Leg., ch. 771, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.006 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter A. General Provisions|Section 91.006. Workers' Compensation Coverage

Sec. 91.006.  WORKERS' COMPENSATION COVERAGE.  (a)  A certificate of insurance coverage or other evidence of coverage showing that either a license holder or a client maintains workers' compensation insurance coverage constitutes proof of workers' compensation insurance coverage for the license holder and the client with respect to all covered employees of the license holder and the client.  The state and a political subdivision of the state shall accept a certificate of insurance coverage or other evidence of coverage described by this section as proof of workers' compensation coverage under Chapter 406.(b)  For a client that has employees who are not covered employees under a professional employer services agreement, the state or a political subdivision of the state may require the client to furnish separate proof of workers' compensation insurance coverage for those employees.|Added by Acts 1999, 76th Leg., ch. 771, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.007 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter A. General Provisions|Section 91.007. Application of Labor Relations Laws

Sec. 91.007.  APPLICATION OF LABOR RELATIONS LAWS.  This chapter does not relieve a client of a right, obligation, or duty under:(1)  Chapter 101;(2)  the federal National Labor Relations Act (29 U.S.C. Section 151 et seq.);(3)  the federal Railway Labor Act (45 U.S.C. Section 151 et seq.); or(4)  any other law governing labor relations.|Added by Acts 1999, 76th Leg., ch. 771, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.008 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter A. General Provisions|Section 91.008. Applicability of Continuing Education Law

Sec. 91.008.  APPLICABILITY OF CONTINUING EDUCATION LAW.  Section 51.405, Occupations Code, does not apply to this chapter.|Added by Acts 2003, 78th Leg., ch. 816, Sec. 14.003, eff. Sept. 1, 2003.|
TX Lab Code § 91.011 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.011. License Required

Sec. 91.011.  LICENSE REQUIRED.  A person may not engage in or offer professional employer services in this state unless the person holds a license issued under this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.012 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.012. General License Requirements

Sec. 91.012.  GENERAL LICENSE REQUIREMENTS.  To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of age and have educational, managerial, or business experience relevant to:(1)  operation of a business entity offering professional employer services; or(2)  service as a controlling person of a professional employer organization.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 5, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 6, eff. September 1, 2013.|
TX Lab Code § 91.013 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.013. Background Investigations

Sec. 91.013.  BACKGROUND INVESTIGATIONS.  (a)  On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each controlling person of each applicant to determine whether that applicant or controlling person is qualified under this chapter.  The department may deny an application for the issuance of a license if the department finds that an applicant or a controlling person is not qualified under this chapter.  The investigation must include:(1)  the submission of fingerprints for processing through appropriate local, state, and federal law enforcement agencies;  and(2)  examination by the department of police or other law enforcement records maintained by local, state, or federal law enforcement agencies.(b)  Department background investigations are governed by this chapter, Section 411.122, Government Code, and Chapter 53, Occupations Code. Conviction of a crime does not automatically disqualify a controlling person, require the revocation of a license, or require the denial of an application for a new or renewed license.  The department shall consider criminal convictions as provided by Section 411.122, Government Code, and Chapter 53, Occupations Code.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 6, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.815, eff. Sept. 1, 2001.|
TX Lab Code § 91.014 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.014. Working Capital Requirements

Sec. 91.014.  WORKING CAPITAL REQUIREMENTS.  (a)  An applicant for an original or renewal license must demonstrate positive working capital in the following amounts:(1)  $50,000 if the applicant employs fewer than 250 covered employees;(2)  $75,000 if the applicant employs at least 250 but not more than 750 covered employees; and(3)  $100,000 if the applicant employs more than 750 covered employees.(b)  The applicant shall demonstrate the applicant's working capital to the department by providing the department with the applicant's financial statement. The financial statement must be prepared in accordance with generally accepted accounting principles, be audited by an independent certified public accountant, and be without qualification as to the going concern status of the applicant.  An applicant that has not had sufficient operating history to have audited financial statements based on at least 12 months of operations must meet the financial capacity requirements required by Subsection (a) and provide the department with financial statements that have been reviewed by a certified public accountant.The applicant may satisfy any deficiencies in the working capital requirement through guarantees, letters of credit, a bond in an amount that demonstrates compliance with the amounts required under Subsection (a), or other security acceptable to the department.  A guaranty is not acceptable to satisfy this subsection unless the applicant submits sufficient evidence to satisfy the department that the guarantor has adequate resources to satisfy the obligations of the guaranty.(c)  Information submitted to or maintained by the department is subject to Chapter 552, Government Code, other than information related to:(1)  identification of clients;(2)  working capital;(3)  financial statements; or(4)  federal tax returns.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 7, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 2, eff. December 31, 2011.Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 7, eff. September 1, 2013.|
TX Lab Code § 91.015 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.015. License Application

Sec. 91.015.  LICENSE APPLICATION.  (a)  To receive a professional employer organization original license, a person shall file with the department a written application accompanied by the application fee.(b)  The department shall require an applicant for a license to provide information necessary to determine that the applicant meets the licensing requirements of this chapter.  The department shall also require the applicant to provide information necessary to determine whether individuals affiliated with the applicant are qualified to serve as controlling persons.(c)  Before denying a license application, the department shall provide written notice to an applicant specifying the reasons for the denial.  The department shall provide the applicant at least 30 days after the date of the notice to address the reasons for the denial.  For good cause and on a showing of a good faith effort to remedy the reasons for the denial, the executive director may grant an additional 30 days to remedy the reasons for denial.(d)  Removal, demotion, or discharge of a controlling person in response to notice from the department of the alleged unsuitability of that controlling person is an affirmative defense to any claim by that individual based on the removal, demotion, or discharge.(e)  A controlling person who has been evaluated by the department under this chapter is not required to be reevaluated if that person changes the person's affiliation or employment from one applicant or license holder to another applicant or license holder.(f)  Following denial or revocation of a license, and prior to issuing a new license or reinstating a license, the department shall consider:(1)  the extent to which the applicant or license holder has adequately corrected any problems;  and(2)  whether the applicant or license holder has demonstrated that the applicant or license holder had exercised due diligence to avoid the reason or reasons for the denial or revocation.The applicant or license holder shall bear the burden of proof with respect to Subdivisions (1) and (2).|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 8, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 771, Sec. 4, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 26.017, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 8, eff. September 1, 2013.|
TX Lab Code § 91.016 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.016. License Issuance; Term

Sec. 91.016.  LICENSE ISSUANCE;  TERM.  (a)  The department shall issue a license to an applicant who the department determines has met the requirements of this chapter.  The department shall notify an applicant of any deficiency in the application not later than the 30th day after the date on which the department receives the application forms.  The department shall issue the license not later than the 90th day after the date on which the completed application is filed with the department.(b)  A license issued or renewed by the department under this chapter is valid for one year from the date of the issuance or renewal.  The department shall renew a license on receipt of a complete renewal application form and payment of the license renewal fee.(c)  Each applicant or license holder shall disclose to the department the addition of a new controlling person not later than the 45th day after the date on which the person assumes the duties of a controlling person.  That person may serve as a controlling person while the department is conducting any necessary investigation.  If the department determines not to approve the new controlling person, the department shall notify the applicant or license holder and that controlling person at least 20 days before taking action against the applicant or license holder.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 9, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 14.004, eff. Sept. 1, 2003.|
TX Lab Code § 91.017 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.017. Fees

Sec. 91.017.  FEES.  (a)  Each applicant for an original or renewal professional employer organization license shall pay to the department before the issuance of the license or license renewal a fee set by the commission by rule.(b)  The commission is authorized to charge reasonable fees for license applications and renewals, investigations, inspections, and any other administrative or enforcement responsibilities created under this chapter.(c)  Fees collected by the department under this chapter may be used only to implement this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 10, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 14.005, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 9, eff. September 1, 2013.|
TX Lab Code § 91.018 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.018. License Not Assignable; Change of Name or Location

Sec. 91.018.  LICENSE NOT ASSIGNABLE;  CHANGE OF NAME OR LOCATION.  (a)  A license holder may not conduct business under any name other than that specified in the license.  A license issued under this chapter is not assignable.  A license holder may not conduct business under any fictitious or assumed name without prior written authorization from the department.  The department may not authorize the use of a name that is so similar to that of a public office or agency or to that of another license holder that the public may be confused or misled by the name's use.  A license holder may not conduct business under more than one name unless the license holder has obtained a separate license for each name.(b)  A license holder may change the license holder's licensed name at any time by notifying the department and paying a fee for each change of name.  The commission by rule shall set the fee for a name change. A license holder may change the license holder's name on renewal of the license without the payment of the name change fee.(c)  A license holder must notify the department in writing of:(1)  any change in the location of the license holder's primary business office;(2)  the addition of more business offices;  or(3)  a change in the location of business records maintained by the license holder.(d)  A license holder may amend the name specified in its license to add a trade name, trademark, service mark, or parent company name.  An amendment made under this subsection must comply with the requirements imposed under Subsection (a).  The department may charge a fee for processing of such an amendment.(e)  A license holder offering professional employer services in more than one state may advertise in this state using the name of its parent company or under a trade name, trademark, or service mark.  The trade name, trademark, service mark, or parent company name must be listed on the license in addition to the licensed name used by the license holder in this state.(f)  Each written proposal provided to a prospective client and each contract between a license holder and a client or covered employee shall clearly identify the name of the license holder.  A proposal or contract may also identify the trade name, trademark, service mark, or parent company name of the license holder.  A license holder may use written materials including forms, benefit information, letterhead, and business cards that bear only the trade name, trademark, service mark, or parent company name of the license holder.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 11, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 14.006, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 10, eff. September 1, 2013.|
TX Lab Code § 91.019 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.019. Limited License

Sec. 91.019.  LIMITED LICENSE.  (a)  The commission by rule shall provide for the issuance of a limited license to a person who seeks to offer limited professional employer services in this state.(b)  For purposes of this section, a professional employer organization is considered to be offering limited professional employer services if the professional employer organization:(1)  employs fewer than 50 covered employees in this state at any one time;(2)  does not provide covered employees to a client based or domiciled in this state; and(3)  does not maintain an office in this state or solicit clients located or domiciled in this state.(c)  A professional employer organization that offers limited professional employer services shall complete the application forms and pay the fees for a limited license as prescribed by the department.  A limited license is valid for one year from the date of issuance and may be renewed annually on submission of a renewal application and payment of the required fees.(d)  The department may use information obtained from regulatory agencies in other states in evaluating an applicant for a limited license.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 12, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 771, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 14.007, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 11, eff. September 1, 2013.|
TX Lab Code § 91.020 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter B. License Requirements|Section 91.020. Grounds for Disciplinary Action

Sec. 91.020.  GROUNDS FOR DISCIPLINARY ACTION.  The department may take disciplinary action against a license holder on any of the following grounds:(1)  engaging in professional employer services or offering to engage in the provision of professional employer services without a license;(2)  transferring or attempting to transfer a license issued under this chapter;(3)  violating this chapter or any order or rule issued by the executive director or commission under this chapter;(4)  failing after the 31st day after the date on which a felony conviction of a controlling person is final to notify the department in writing of the conviction;(5)  failing to cooperate with an investigation, examination, or audit of the license holder's records conducted by the license holder's insurance company or the insurance company's designee, as allowed by the insurance contract or as authorized by law by the Texas Department of Insurance;(6)  failing after the 31st day after the effective date of a change in ownership, principal business address, or the address of accounts and records to notify the department and the Texas Department of Insurance of the change;(7)  failing to correct any tax filings or payment deficiencies within a reasonable time as determined by the executive director;(8)  refusing, after reasonable notice, to meet reasonable health and safety requirements within the license holder's control and made known to the license holder by a federal or state agency;(9)  being delinquent in the payment of the license holder's insurance premiums other than those subject to a legitimate dispute;(10)  being delinquent in the payment of any employee benefit plan premiums or contributions other than those subject to a legitimate dispute;(11)  knowingly making a material misrepresentation to an insurance company or to the department or other governmental agency;(12)  failing to maintain the working capital required under Section 91.014; or(13)  using professional employer services to avert or avoid an existing collective bargaining agreement.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1379, Sec. 13, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 14.008, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 3, eff. September 1, 2009.Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 12, eff. September 1, 2013.|