2023 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 91.001. Definitions

Sec. 91.001.  DEFINITIONS.  In this chapter:
(1)  "Applicant" means a person applying for a license or the renewal of a license under this chapter.
(2)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 117, Sec. 28(1), eff. September 1, 2013.
(2-a)  "Assurance organization" means an independent entity approved by the commission that:
(A)  provides a national program of accreditation and financial assurance for professional employer organizations;
(B)  has documented qualifications, standards, and procedures acceptable to the department; and
(C)  agrees to provide information, compliance monitoring services, and financial assurance useful to the department in accomplishing the provisions of this chapter.
(3)  "Client" means any person who enters into a professional employer services agreement with a license holder.
(3-a)  "Coemployer" means a professional employer organization or a client that is a party to a coemployment relationship.
(3-b)  "Coemployment relationship" means a contractual relationship between a client and a professional employer organization that involves the sharing of employment responsibilities with or allocation of employment responsibilities to covered employees in accordance with the professional employer services agreement and this chapter.
(4)  "Commission" means the Texas Commission of Licensing and Regulation.
(5)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 14.010(1).
(6)  "Common ownership" means a direct or indirect ownership interest in excess of 33-1/3 percent.  The term includes ownership through subsidiaries or affiliates.
(7)  "Controlling person" means an individual who:
(A)  possesses direct or indirect control of 25 percent or more of the voting securities of a business entity that offers or proposes to offer professional employer services;
(B)  possesses the authority to set policy and direct management of a business entity that offers or proposes to offer professional employer services;
(C)  is employed, appointed, or authorized by a business entity that offers or proposes to offer professional employer services to enter into a professional employer services agreement with a client on behalf of the business entity; or
(D)  a person who is an officer or director of a corporation or a general partner of a partnership that offers or proposes to offer professional employer services.
(7-a)  "Covered employee" means an individual having a coemployment relationship with a professional employer organization and a client.
(8)  "Department" means the Texas Department of Licensing and Regulation.
(8-a)  "Executive director" means the executive director of the department.
(9)  "Governmental entity" means this state, or an agency, county, or municipality of this state.
(10)  "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who:
(A)  is paid by the job, not by the hour or some other time-measured basis;
(B)  is free to hire as many helpers as the person desires and to determine what each helper will be paid;  and
(C)  is free to work for other contractors, or to send helpers to work for other contractors, while under contract to the hiring employer.
(11)  "License holder" means a person licensed under this chapter to provide professional employer services.
(12)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 188, Sec. 6, eff. September 1, 2009.
(13)  "Offer" means a proposal for acceptance or rejection that is made in such a form that the promises or performance to be rendered by each party are reasonably certain.
(14)  "Professional employer services" means the services provided through coemployment relationships in which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees.  The term does not include:
(A)  temporary help;
(B)  an independent contractor;
(C)  the provision of services that otherwise meet the definition of "professional employer services" by one person solely to other persons who are related to the service provider by common ownership; or
(D)  a temporary common worker employer as defined by Chapter 92.
(15)  "Professional employer organization" means a business entity that offers professional employer services.
(16)  "Temporary help" means an arrangement by which an organization hires its own employees and assigns them to a company to support or supplement the company's work force in a special work situation, including:
(A)  an employee absence;
(B)  a temporary skill shortage;
(C)  a seasonal workload; or
(D)  a special assignment or project.
(17)  "Wages" means:
(A)  compensation for labor or services rendered by a covered employee, whether computed on a time, task, piece, or other basis; and
(B)  vacation pay, holiday pay, sick leave pay, parental leave pay, severance pay, bonuses, commissions, stock option grants, or deferred compensation owed to a covered employee under a written agreement.
(18)  "Working capital" of an applicant means the applicant's current assets minus the applicant's current liabilities as determined by generally accepted accounting principles.
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. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 771, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 14.001, 14.010(1), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 833, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 188 (H.B. 2249), Sec. 6, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 28(1), eff. September 1, 2013.