reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 92.022. Required Records; Confidentiality

Sec. 92.022.  REQUIRED RECORDS; CONFIDENTIALITY.  (a)  Each temporary common worker employer shall maintain and make available to a governmental subdivision records that show for each common worker provided by the temporary common worker employer to a user of common workers:
(1)  the name and address of the worker;
(2)  the hours worked;
(3)  the places at which the work was performed;
(4)  the wages paid to the worker; and
(5)  any deductions made from those wages.
(b)  The temporary common worker employer shall maintain the records at least until the second anniversary of the date on which the worker was last employed by the temporary common worker employer.
(c)  Information received by the governmental subdivision under this section is privileged and confidential and is for the exclusive use of the governmental subdivision.  The information may not be disclosed to any other person except on the entry of a court order requiring disclosure or on the written consent of a person under investigation who is the subject of the records.
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. 16.003, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.009, eff. September 1, 2017.
2023 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 92.023. Posting of Certain Information

Sec. 92.023.  POSTING OF CERTAIN INFORMATION.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(8), eff. September 1, 2017.
(b)  Each temporary common worker employer shall post in a conspicuous place in the premises on which the temporary common worker employer operates a notice of any charge permitted under this chapter that the temporary common worker employer may assess against a common worker for equipment, tools, transportation, or other work-related services.
(c)  For purposes of this section, "conspicuous place" means a location that is in open view to the general public.
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. 7.010, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(8), eff. September 1, 2017.
2023 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 92.024. Labor Hall Requirements

Sec. 92.024.  LABOR HALL REQUIREMENTS.  A temporary common worker employer that operates a labor hall as part of a premises on which the temporary common worker employer operates shall provide adequate facilities for a worker waiting for a job assignment.  The facilities must include:
(1)  restroom facilities for both men and women;
(2)  drinking water;
(3)  sufficient seating; and
(4)  access to vending refreshments and food.
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. 7.011, eff. September 1, 2017.
2023 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 92.025. Certain Charges and Deductions Prohibited

Sec. 92.025.  CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.  (a)  A temporary common worker employer may not charge a common worker for:
(1)  safety equipment, clothing, or accessories required by the nature of the work, either by law, custom, or the requirements of the user of common workers;
(2)  uniforms, special clothing, or other items required as a condition of employment by the user of common workers;
(3)  the cashing of a check or voucher; or
(4)  the receipt by the worker of earned wages.
(b)  A temporary common worker employer may not deduct or withhold any amount from the earned wages of a common worker except:
(1)  a deduction required by federal or state law; or
(2)  a reimbursement for a cash advance made to the worker during the same pay period.
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. 7.012, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle E - Regulation of Certain Occupations › Chapter 92 - Temporary Common Worker Employers › Subchapter D. Enforcement › Section 92.031. Enforcement

Sec. 92.031.  ENFORCEMENT.  A governmental subdivision may enforce this chapter within the boundaries of the governmental subdivision.
Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.013, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle E - Regulation of Certain Occupations › Chapter 93 - Temporary Employment Services › Section 93.001. Definitions

Sec. 93.001.  DEFINITIONS.  In this chapter:
(1)  "Temporary employee" means an individual hired for a temporary employment service.
(2)  "Temporary employment service" means a person who employs individuals for the purpose of assigning those individuals to the clients of the service to support or supplement the client's workforce 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.
Added by Acts 1997, 75th Leg., ch. 574, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle E - Regulation of Certain Occupations › Chapter 93 - Temporary Employment Services › Section 93.002. Prohibition

Sec. 93.002.  PROHIBITION.  A temporary employment service may not deny an application for, or placement in, a position of employment to an individual for the sole reason that the individual has not earned a high school diploma or graduate equivalency diploma unless the position of employment or the client requires that credential to perform the duties of the position.
Added by Acts 1997, 75th Leg., ch. 574, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle E - Regulation of Certain Occupations › Chapter 93 - Temporary Employment Services › Section 93.003. No Cause of Action

Sec. 93.003.  NO CAUSE OF ACTION.  This chapter does not create a private cause of action for any person or class of persons.
Added by Acts 1997, 75th Leg., ch. 574, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle E - Regulation of Certain Occupations › Chapter 93 - Temporary Employment Services › Section 93.004. Workers' Compensation Insurance Coverage

Sec. 93.004.  WORKERS' COMPENSATION INSURANCE COVERAGE. (a) A certificate of insurance coverage showing that a temporary employment service maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage for the temporary employment service and the client of the temporary employment service with respect to all employees of the temporary employment service assigned to the client.  The state or a political subdivision of the state shall accept a certificate of insurance coverage described by this section as proof of workers' compensation coverage under Chapter 406.
(b)  For workers' compensation insurance purposes, if a temporary employment service elects to obtain workers' compensation insurance, the client of the temporary employment service and the temporary employment service are subject to Sections 406.034 and 408.001.
(c)  Except as provided by Subsection (d), an employee's election under Section 406.034(b) made with respect to the temporary employment service applies to any client of the temporary employment service, and the employee may not make a separate election under that section with respect to the client.
(d)  If an employee elects to retain a common-law right of action under Section 406.034(b) with respect to the temporary employment service, that election does not apply to a client of that temporary employment service if the client is not subject to Section 406.034.
Added by Acts 2013, 83rd Leg., R.S., Ch. 321 (H.B. 1762), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter A. Rights of Working Persons › Section 101.001. Right to Organize

Sec. 101.001.  RIGHT TO ORGANIZE.  All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter A. Rights of Working Persons › Section 101.002. Right to Influence Another Regarding Employment

Sec. 101.002.  RIGHT TO INFLUENCE ANOTHER REGARDING EMPLOYMENT.  (a)  A person by peaceful and lawful means may induce or attempt to induce another to:
(1)  enter or refuse to enter a particular employment;  or
(2)  quit a particular employment in which the other person is then engaged.
(b)  A member of a trade union or other organization may not enter the premises of another without the consent of the owner of the premises.
(c)  This section does not apply to an association formed, an act taken, or an agreement made:
(1)  to limit the production, transportation, use, or consumption of labor's products;  or
(2)  that creates a trust or conspiracy in restraint of trade under the laws of this state.
(d)  Subsection (c) does not interfere with the terms of a private contract between an employer and an employee with regard to the time of service or other stipulations.
(e)  Subsection (c) may not be construed as repealing or affecting a statute on trusts, conspiracies against trade, pools, or monopolies.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter A. Rights of Working Persons › Section 101.003. Right to Bargain

Sec. 101.003.  RIGHT TO BARGAIN.  A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter A. Rights of Working Persons › Section 101.004. Contract for Withholding Union Dues From Employee's Compensation Void Without Employee's Consent

Sec. 101.004.  CONTRACT FOR WITHHOLDING UNION DUES FROM EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT.  A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unless the employee delivers to the employer the employee's written consent to the retention of those sums.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter B. Right to Work › Section 101.051. Definition

Sec. 101.051.  DEFINITION.  In this subchapter, "labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their working conditions, wages, or employment relationships, but does not include an organization not commonly regarded as a labor union.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter B. Right to Work › Section 101.052. Denial of Employment Based on Labor Union Membership Prohibited

Sec. 101.052.  DENIAL OF EMPLOYMENT BASED ON LABOR UNION MEMBERSHIP PROHIBITED.  A person may not be denied employment based on membership or nonmembership in a labor union.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter B. Right to Work › Section 101.053. Contract Requiring or Prohibiting Labor Union Membership Void

Sec. 101.053.  CONTRACT REQUIRING OR PROHIBITING LABOR UNION MEMBERSHIP VOID.  A contract is void if it requires that, to work for an employer, employees or applicants for employment:
(1)  must be or may not be members of a labor union;  or
(2)  must remain or may not remain members of a labor union.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.101. Definitions

Sec. 101.101.  DEFINITIONS.  In this subchapter:
(1)  "Enforcement officer" means the attorney general, district attorney, or county attorney.
(2)  "Labor organizer" means a person who for a financial consideration solicits membership in a labor union or members for a labor union.
(3)  "Labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their working conditions, wages, or employment relationships, but does not include an organization not commonly regarded as a labor union.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.102. Legislative Findings; Policy

Sec. 101.102.  LEGISLATIVE FINDINGS;  POLICY.  (a)  The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial enterprises, labor unions affect the public interest and are charged with a public use.
(b)  Workers must be protected without regard to whether they are unionized.  The right to work is the right to live.
(c)  The policy of this state, in the exercise of its sovereign constitutional police power, is to regulate the activities and affairs of labor unions and officers, agents, organizers, and representatives of labor unions, as provided by this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.103. Liberal Construction

Sec. 101.103.  LIBERAL CONSTRUCTION.  (a)  This subchapter shall be liberally construed to:
(1)  achieve the purposes provided by Section 101.102;  and
(2)  protect the rights of working persons to work and to organize for their mutual benefit in connection with their work.
(b)  This subchapter may not be construed to deny the free rights of assembling, bargaining, and petitioning, orally or in writing, regarding a matter affecting labor or employment.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.104. Method of Election of Officers, Agents, Organizers, and Representatives

Sec. 101.104.  METHOD OF ELECTION OF OFFICERS, AGENTS, ORGANIZERS, AND REPRESENTATIVES.  (a)  An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present and participating, except as provided by Subsections (b) and (c) and Section 101.108.
(b)  A labor union may require more than a majority vote for the election of an officer, agent, organizer, or representative.
(c)  A labor union may take a vote of the entire membership for an officer, agent, organizer, or representative by mailed ballots.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.105. Annual Election of Officers, Agents, Organizers, and Representatives

Sec. 101.105.  ANNUAL ELECTION OF OFFICERS, AGENTS, ORGANIZERS, AND REPRESENTATIVES.  An election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.106. Notice of Election

Sec. 101.106.  NOTICE OF ELECTION.  Except as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105.  The notice must be given in the manner most convenient to the union by:
(1)  written or printed notice mailed to the member's last known address;
(2)  posting notice in a place public to the membership;  or
(3)  announcement at a regular stated meeting of the union.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.107. Results of Election

Sec. 101.107.  RESULTS OF ELECTION.  The results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the presence of the members or delegates participating, except as provided by Section 101.108.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.108. Certain Unions Excepted

Sec. 101.108.  CERTAIN UNIONS EXCEPTED.  Sections 101.104-101.107 do not apply to a union that:
(1)  under its constitution, bylaws, or other organization rules, held its elections for officers and representatives every three years or every four years, for the four years ending August 10, 1943;  and
(2)  charged members an initiation fee of $10 or less, for the 10 years ending August 10, 1943.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.109. Certain Persons Prohibited From Holding Office

Sec. 101.109.  CERTAIN PERSONS PROHIBITED FROM HOLDING OFFICE.  (a)  A person may not serve as a labor union officer or as a labor organizer if the person:
(1)  is an alien;  or
(2)  has been convicted of a felony.
(b)  Subsection (a) does not apply to a person who has been convicted of a felony and whose rights of citizenship have been fully restored.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.110. Labor Organizers; Organizer's Card

Sec. 101.110.  LABOR ORGANIZERS;  ORGANIZER'S CARD.  (a)  A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization.
(b)  An application for an organizer's card must:
(1)  be filed with the secretary of state by mail or in person;
(2)  state the applicant's full name and labor union affiliations, if any;
(3)  describe the applicant's credentials;
(4)  be accompanied by a copy of the applicant's credentials;  and
(5)  be signed by the applicant.
(c)  On the filing of an application for an organizer's card, the secretary of state shall issue the applicant a card containing:
(1)  the applicant's name;
(2)  the applicant's union affiliation;
(3)  a space for the applicant's signature;
(4)  the designation "labor organizer";  and
(5)  the secretary of state's signature, dated and attested by the state seal.
(d)  A labor organizer shall:
(1)  carry the card issued under Subsection (c) whenever the organizer is soliciting members;  and
(2)  exhibit the card on request of a person being solicited for membership.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.21(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 3 - Employer-Employee Relations › Chapter 101 - Labor Organizations › Subchapter C. Regulation of Labor Unions › Section 101.111. Fee for Privilege to Work Prohibited

Sec. 101.111.  FEE FOR PRIVILEGE TO WORK PROHIBITED.  (a)  A labor union, a labor organizer, or an officer, member, agent, or representative of a labor union may not collect, receive, or demand, directly or indirectly, a fee as a work permit or as a condition for the privilege to work from a person who is not a member of the union.
(b)  Subsection (a) does not prevent the collection of an initiation fee as provided by Section 101.113.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.