reglab/housing_qa huggingface dataset:
TX Lab Code § 91.021 (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 91.021. Electronic Filing and Compliance

Sec. 91.021.  ELECTRONIC FILING AND COMPLIANCE.  (a)  The commission may adopt rules to permit the acceptance of electronic filings under this chapter, including the filing of applications, documents, reports, and other documents required by this chapter.  The rules may provide for the acceptance of electronic filing and other assurance by an assurance organization, qualified and approved by the commission, that provides satisfactory assurance and documentation of compliance acceptable to the department that meets or exceeds  the requirements of this chapter.(b)  A professional employer organization may authorize an assurance organization that is qualified and approved by the commission to act on its behalf in complying with the licensing requirements of this chapter, including the electronic filing of information and the payment of application and licensing fees.  Use of an assurance organization is optional and is not mandatory for a professional employer organization.(c)  Nothing in this section may be construed to change or affect the department's authority to issue licenses, revoke licenses, conduct investigations, or enforce any provision of this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 4, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 13, eff. September 1, 2013.|
TX Lab Code § 91.031 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter C. Professional Employer Services Agreement|Section 91.031. Agreement; Notice

Sec. 91.031.  AGREEMENT; NOTICE.  (a)  A license holder shall establish the terms of a professional employer services agreement by a written contract between the license holder and the client.(b)  The license holder shall give written notice of the agreement as it affects covered employees to each covered employee.(c)  The written notice required by Subsection (b) must be given to each covered employee not later than the first payday after the date on which that individual becomes a covered employee.|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. 15, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 14, eff. September 1, 2013.|
TX Lab Code § 91.032 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter C. Professional Employer Services Agreement|Section 91.032. Contract Requirements

Sec. 91.032.  CONTRACT REQUIREMENTS.  (a)  A professional employer services agreement between a license holder and a client must provide that the license holder:(1)  shares, as provided by Subsection (b), with the client the right of direction and control over covered employees;(2)  assumes responsibility for the payment of wages to the covered employees without regard to payments by the client to the license holder;(3)  assumes responsibility for the payment of payroll taxes and collection of taxes from payroll on covered employees;(4)  shares, as provided by Subsection (b), with the client the right to hire, fire, discipline, and reassign the covered employees; and(5)  shares, as provided by Subsection (b), with the client the right of direction and control over the adoption of employment and safety policies and the management of workers' compensation claims, claim filings, and related procedures.(b)  Notwithstanding any other provision of this chapter, a client retains sole responsibility for:(1)  the direction and control of covered employees as necessary to conduct the client's business, discharge any applicable fiduciary duty, or comply with any licensure, regulatory, or statutory requirement;(2)  goods and services produced by the client; and(3)  the acts, errors, and omissions of covered employees committed within the scope of the client's business.(c)  Notwithstanding Subsection (a)(2), a client is solely obligated to pay any wages for which:(1)  obligation to pay is created by an agreement, contract, plan, or policy between the client and the covered employee; and(2)  the professional employer organization has not contracted to pay.(d)  Each professional employer organization shall disclose the requirements of Subsection (c) in writing to each covered employee.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 771, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 833, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 14, eff. September 1, 2013.|
TX Lab Code § 91.041 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.041. Employee Benefit Plans; Required Disclosure; Other Reports

Sec. 91.041.  EMPLOYEE BENEFIT PLANS;  REQUIRED DISCLOSURE;  OTHER REPORTS.  (a)  A client and license holder are each considered an employer under the laws of this state for purposes of sponsoring retirement and welfare benefit plans for covered employees.(a-1)  A license holder may sponsor a single welfare benefit plan under which eligible covered employees of one or more clients may elect to participate.(a-2)  A fully insured welfare benefit plan offered to the covered employees of a license holder and provided by an insurance company authorized to provide that insurance in this state or a self-funded health benefit plan sponsored by a license holder as provided by Section 91.0411 shall be treated for purposes of state law as a single employer welfare benefit plan.(b)  With respect to any insurance or benefit plan provided by a license holder for the benefit of its assigned employees, a license holder shall disclose the following information to the department, each client, and its covered employees:(1)  the type of coverage;(2)  the identity of each insurer for each type of coverage;(3)  the amount of benefits provided for each type of coverage and to whom or in whose behalf benefits are to be paid;(4)  the policy limits on each insurance policy; and(5)  whether the coverage is fully insured, partially insured, or fully self-funded.(c)  The commission by rule may require a license holder to file other reports that are reasonably necessary for the implementation of 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. 16, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 14.009, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 15, eff. September 1, 2013.|
TX Lab Code § 91.044 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.044. Unemployment Taxes; Payroll

Sec. 91.044.  UNEMPLOYMENT TAXES; PAYROLL.  (a)  A license holder is the employer of a covered employee for purposes of Subtitle A, Title 4, and, except for wages subject to Section 91.032(c), for purposes of Chapter 61.(a-1)  A license holder may, in a calendar year during which an employee becomes a covered employee of the license holder, apply toward the maximum amount of taxable wages established in Section 201.082(1) any wages paid to the employee in that calendar year by:(1)  the client; or(2)  another license holder under a prior professional employer services agreement with that client.(a-2)  In addition to any other reports required to be filed by law, a license holder shall report quarterly to the Texas Workforce Commission on a form prescribed by the Texas Workforce Commission the name, address, telephone number, federal income tax identification number, and classification code according to the North American Industry Classification System of each client.(b)  For purposes of Subtitle A, Title 4, in the event of the termination of a contract between a license holder and a client or the failure by a professional employer organization to submit reports or make tax payments as required by that subtitle, the contracting client shall be treated as a new employer without a previous experience record unless that client is otherwise eligible for an experience rating.|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. 17, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 833, Sec. 3, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 18, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1260 (H.B. 3150), Sec. 1, eff. September 1, 2015.|
TX Lab Code § 91.045 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.045. Posting Requirements

Sec. 91.045.  POSTING REQUIREMENTS.  (a)  Each license holder shall post in a conspicuous place in the license holder's principal place of business in this state the license issued under this chapter.(b)  Each license holder shall display, in a place that is in clear and unobstructed public view, a notice stating that the business operated at the location is licensed and regulated by the department and that any questions or complaints should be directed to the department.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.|
TX Lab Code § 91.046 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.046. Contractual Duties

Sec. 91.046.  CONTRACTUAL DUTIES.  Each license holder is responsible for the license holder's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for:(1)  insurance premiums;(2)  benefit and welfare plans;(3)  other employee withholding; and(4)  any other expressed responsibility within the scope of the professional employer services agreement for fulfilling the duties imposed under this section and Sections 91.032, 91.047, and 91.048.|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. 18, eff. September 1, 2013.|
TX Lab Code § 91.047 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.047. Compliance With Other Laws

Sec. 91.047.  COMPLIANCE WITH OTHER LAWS.  Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.|
TX Lab Code § 91.048 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.048. Required Information

Sec. 91.048.  REQUIRED INFORMATION.  Each license holder shall:(1)  maintain adequate books and records regarding the license holder's duties and responsibilities;(2)  maintain and make available at all times to the executive director the following information, which shall be treated as proprietary and confidential and is exempt from disclosure to persons other than other governmental agencies having a reasonable, legitimate purpose for obtaining the information:(A)  the correct name, address, and telephone number of each client;(B)  each professional employer services agreement with a client; and(C)  a listing by classification code as described in the "Standard Industrial Classification Manual" published by the United States Office of Management and Budget, of each client;(3)  notify the department of any addition or deletion of a controlling person as listed on the license application or renewal form by providing the name of the person not later than the 45th day after the date on which the person is added or deleted as a controlling person; and(4)  provide a biographical history to the department in connection with the addition of a new controlling person.|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. 18, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 26.018, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 18, eff. September 1, 2013.|
TX Lab Code § 91.049 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.049. Agent for Service of Process

Sec. 91.049.  AGENT FOR SERVICE OF PROCESS.  Each license holder shall maintain a registered agent for the service of process in this state.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.|
TX Lab Code § 91.050 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter D. Powers and Duties of License Holder|Section 91.050. Tax Credits and Other Incentives

Sec. 91.050.  TAX CREDITS AND OTHER INCENTIVES.  (a)  For the purpose of determining tax credits, grants, and other economic incentives provided by this state or other governmental entities that are based on employment, covered employees are considered employees of the client and the client is solely entitled to the benefit of any tax credit, economic incentive, or other benefit arising from the employment of covered employees of the client.  This subsection applies even if the professional employer organization is the reporting employer for federal income tax purposes.(b)  If a grant or the amount of any incentive described by Subsection (a) is based on the number of employees, each client shall be treated as employing only those employees coemployed by the client.  Covered employees working for other clients of the professional employer organization may not be included in the computation.(c)  Each professional employer organization shall provide, on the request of a client or an agency of this state, employment information reasonably required by the state agency responsible for the administration of any tax credit or economic incentive described by Subsection (a) and necessary to support a request, claim, application, or other action by a client seeking the tax credit or economic incentive.|Added by Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 5, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 18, eff. September 1, 2013.|
TX Lab Code § 91.061 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter E. Prohibited Acts; Enforcement|Section 91.061. Prohibited Acts

Sec. 91.061.  PROHIBITED ACTS.  A person may not:(1)  engage in or offer professional employer services without holding a license under this chapter as a professional employer organization;(2)  use the name, title, or designation "professional employer organization," "PEO," "staff leasing company," "employee leasing company," "licensed professional employer organization," "professional employer organization services company," "professional employer organization company," or "administrative employer" or otherwise represent that the entity is licensed under this chapter unless the entity holds a license issued under this chapter;(3)  represent as the person's own the license of another person or represent that a person is licensed if the person does not hold a license;(4)  give materially false or forged evidence to the department in connection with obtaining or renewing a license or in connection with disciplinary proceedings under this chapter; or(5)  use or attempt to use a license that has expired or been revoked.|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. 19, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 18, eff. September 1, 2013.|
TX Lab Code § 91.062 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 91 - Professional Employer Organizations|Subchapter E. Prohibited Acts; Enforcement|Section 91.062. Action by Attorney General

Sec. 91.062.  ACTION BY ATTORNEY GENERAL.  (a)  The executive director may notify the attorney general of a violation of this chapter.  The attorney general may apply to a district court in Travis County for permission to file for quo warranto relief, injunctive relief, or both.(b)  The attorney general may not be required to post a bond for injunctive relief under this section.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.019, eff. Sept. 1, 2003.|
TX Lab Code § 92.001 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter A. General Provisions|Section 92.001. Purpose

Sec. 92.001.  PURPOSE.  (a)  The legislature finds that this chapter is necessary to:(1)  provide for the health, safety, and welfare of common workers throughout this state; and(2)  establish uniform standards of conduct and practice for temporary common worker employers in this state.(b)  This chapter shall be implemented in accordance with these purposes.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.001, eff. September 1, 2017.|
TX Lab Code § 92.002 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter A. General Provisions|Section 92.002. Definitions

Sec. 92.002.  DEFINITIONS.  In this chapter:(1)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(1), eff. September 1, 2017.(2)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(1).(3)  "Common worker" means an individual who performs labor involving physical tasks that do not require:(A)  a particular skill;(B)  training in a particular occupation, craft, or trade;  or(C)  practical knowledge of the principles or processes of an art, science, craft, or trade.(4)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(1), eff. September 1, 2017.(4-a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(1), eff. September 1, 2017.(5)  "Governmental subdivision" means a municipality, county, special district, zone, authority, or other entity that is chartered, created, or authorized by this state.(6)  "Labor hall" means a central location maintained by a temporary common worker employer where common workers assemble and are dispatched to work for a user of common workers.(6-a) "Municipality" has the meaning assigned by Section 1.005, Local Government Code.(7)  "Temporary common worker employer" means a person who provides common workers to a user of common workers.  The term includes a temporary common worker agent or temporary common worker agency.(8)  "User of common workers" means a person who uses the services of a common worker provided by a temporary common worker employer.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.001, 16.004(1), eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.002, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(1), eff. September 1, 2017.|
TX Lab Code § 92.0115 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter B. Authority to Operate|Section 92.0115. Authority to Operate

Sec. 92.0115.  AUTHORITY TO OPERATE.  Subject to Section 92.013 and unless prohibited by a governmental subdivision, a person may operate as a temporary common worker employer in this state if the person meets the requirements of this chapter.|Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.004, eff. September 1, 2017.|
TX Lab Code § 92.012 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter B. Authority to Operate|Section 92.012. Exemptions

Sec. 92.012.  EXEMPTIONS.  This chapter does not apply to:(1)  a temporary skilled labor agency;(2)  a professional employer organization;(3)  an employment counselor;(4)  a talent agency;(5)  a labor union hiring hall;(6)  a temporary common worker employer that does not operate a labor hall;(7)  a labor bureau or employment office operated by a person for the sole purpose of employing an individual for the person's own use; or(8)  an employment service or labor training program provided by a governmental entity.|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. 18, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.005, eff. September 1, 2017.|
TX Lab Code § 92.013 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter B. Authority to Operate|Section 92.013. Effect of Other Regulation

Sec. 92.013.  EFFECT OF OTHER REGULATION.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(5), eff. September 1, 2017.(b)  A municipality with a population greater than one million may establish municipal requirements that impose stricter standards of conduct and practice than those imposed under Subchapter C.(c)  This chapter does not restrict the zoning authority of a municipality.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 59, eff. September 1, 2011.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.006, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(5), eff. September 1, 2017.|
TX Lab Code § 92.021 (2021)
2021 Texas Statutes|Labor Code|Title 2 - Protection of Laborers|Subtitle E - Regulation of Certain Occupations|Chapter 92 - Temporary Common Worker Employers|Subchapter C. Standards of Conduct and Practice|Section 92.021. Powers and Duties of Employer

Sec. 92.021.  POWERS AND DUTIES OF EMPLOYER.  (a)  Each temporary common worker employer is the employer of the common workers provided by that temporary common worker employer.(b)  A temporary common worker employer may hire, reassign, control, direct, and discharge the employees of the temporary common worker employer.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.Amended by: Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.008, eff. September 1, 2017.|