reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.155. Employment of Certain Youths and Students

Sec. 62.155.  EMPLOYMENT OF CERTAIN YOUTHS AND STUDENTS.  An employer is exempt from this chapter with respect to the employment of a person who:
(1)  is less than 18 years of age and is not a high school graduate or a graduate of a vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate;
(2)  is less than 20 years of age and is a student regularly enrolled in a high school, college, university, or vocational training program, other than a person who is employed in agriculture and whose pay is computed on a piece rate;  or
(3)  has a disability and who is:
(A)  not more than 21 years of age;
(B)  a client of vocational rehabilitation;  and
(C)  participating in a cooperative school-work program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.156. Employment of Inmates

Sec. 62.156.  EMPLOYMENT OF INMATES.  An employer is exempt from this chapter with respect to the employment of a person who performs services while imprisoned in the institutional division of the Texas Department of Criminal Justice or while confined in a local jail.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.157. Employment of Certain Family Members

Sec. 62.157.  EMPLOYMENT OF CERTAIN FAMILY MEMBERS.  An employer is exempt from this chapter with respect to employment of the employer's brother, sister, brother-in-law, sister-in-law, child, spouse, parent, son-in-law, daughter-in-law, ward, or person in loco parentis to the employee.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.158. Certain Amusement and Recreational Establishments

Sec. 62.158.  CERTAIN AMUSEMENT AND RECREATIONAL ESTABLISHMENTS.  An employer is exempt from this chapter with respect to employment in an amusement or recreational establishment that:
(1)  does not operate for more than seven months in a calendar year;  or
(2)  had average receipts for any six months of the preceding calendar year of not more than 33-1/3 percent of its average receipts for the other six months of the year.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.159. Certain Employers Not Contributing to Unemployment Compensation Fund; Certificate

Sec. 62.159.  CERTAIN EMPLOYERS NOT CONTRIBUTING TO UNEMPLOYMENT COMPENSATION FUND;  CERTIFICATE.  (a)  An employer that is not liable for payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, is exempt from this chapter, except with respect to employment of a person in agriculture.
(b)  The commission shall furnish a certificate stating whether a specified employer is liable for the payment of contributions to the unemployment compensation fund under Subtitle A, Title 4, to a person making a written request for a certificate.  The commission may require payment of a fee not to exceed $5 for the issuance of the certificate.
(c)  A certificate issued under this section is admissible in evidence in an action brought by an employee under Subchapter E.  In the absence of evidence to the contrary:
(1)  it is presumed that the facts stated in the certificate are true;  and
(2)  the certificate is conclusive as to whether the named employer is exempt from this chapter under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.16, eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.160. Agricultural Exemptions

Sec. 62.160.  AGRICULTURAL EXEMPTIONS.  (a)  An employer is exempt from this chapter with respect to employment of a person in dairy farming.
(b)  Sections 62.051-62.054 do not apply to an agricultural employer with respect to an employee engaged in the production of livestock.
(c)  In this section, "production of livestock" includes:
(1)  any livestock operation, without regard to size or type of location, in which the land produces forage or feedstuffs, including naturally or artificially revegetated forage or feedstuffs;
(2)  breeding, feeding, watering, containing, maintaining, and caring for livestock;
(3)  production of livestock in feedlots;  and
(4)  all other activities necessary or useful to the raising of livestock.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 5.34, eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter D. Exemptions › Section 62.161. Sheltered Workshops

Sec. 62.161.  SHELTERED WORKSHOPS.  A nonprofit charitable organization that is engaged in evaluating, training, and employment services for clients with disabilities and that complies with federal regulations covering those activities is considered to have complied with this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter E. Civil Penalty › Section 62.201. Civil Penalty

Sec. 62.201.  CIVIL PENALTY.  An employer who violates Section 62.051, 62.052, 62.053, or 62.054 or Subchapter C is liable to an affected employee in the amount of the unpaid wages plus an additional equal amount as liquidated damages.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 461, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter E. Civil Penalty › Section 62.202. Limitations

Sec. 62.202.  LIMITATIONS.  An action to recover a liability imposed by this subchapter must be brought not later than the second anniversary of the date on which the unpaid wages are due and payable.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter E. Civil Penalty › Section 62.203. Plaintiffs

Sec. 62.203.  PLAINTIFFS.  (a)  An action to recover a liability under this subchapter may be brought by an employee for that employee and other similarly affected employees.
(b)  An employee may not be a plaintiff to an action brought under this subchapter unless:
(1)  the employee consents in writing;  and
(2)  the consent is filed in the court in which the action is brought.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter E. Civil Penalty › Section 62.204. Required Findings

Sec. 62.204.  REQUIRED FINDINGS.  At the trial of an action brought under this subchapter, the plaintiff recovers if the jury or the court finds from a preponderance of the evidence that:
(1)  the plaintiff is or has been employed by the defendant at any time during the two years preceding the institution of the action;
(2)  the original petition filed by or on behalf of the plaintiff is verified;  and
(3)  the defendant failed to pay the plaintiff the minimum wage under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 62 - Minimum Wage › Subchapter E. Civil Penalty › Section 62.205. Attorney's Fees; Costs

Sec. 62.205.  ATTORNEY'S FEES;  COSTS.  In addition to a judgment awarded to the plaintiff, the court shall allow reasonable attorney's fees and costs of the action to be paid by the defendant.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 63 - Action on Assignment of Wages › Section 63.001. Assignment of Unearned Wages; Notice Required

Sec. 63.001.  ASSIGNMENT OF UNEARNED WAGES;  NOTICE REQUIRED.  An employee's assignment of the employee's wages or a salary is not effective against the employee's employer in any suit for wages or salaries that are unearned at the time the assignment is executed unless the employer is given written notice of the assignment immediately after the execution of the assignment.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.17(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 63 - Action on Assignment of Wages › Section 63.002. Exemption

Sec. 63.002.  EXEMPTION.  This chapter does not affect Section 22.002, Education Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.17(a), eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 12.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 64 - Redemption of Employer's Evidences of Indebtedness for Wages › Section 64.001. Definitions

Sec. 64.001.  DEFINITIONS.  In this chapter:
(1)  "Employer's evidence of indebtedness" means an instrument, other than money, used by a person to pay an employee or laborer of the person for labor or otherwise.  The term includes:
(A)  a coupon;
(B)  a chip;
(C)  scrip;
(D)  a punchout;  and
(E)  a store order.
(2)  "Holder" means an employee, laborer, or other bona fide holder who holds an employer's evidence of indebtedness.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.18(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 64 - Redemption of Employer's Evidences of Indebtedness for Wages › Section 64.002. Redemption of Evidence of Indebtedness

Sec. 64.002.  REDEMPTION OF EVIDENCE OF INDEBTEDNESS.  (a)  A person who uses an employer's evidence of indebtedness shall, on the demand for redemption and presentation of the employer's evidence of indebtedness by the holder on a regular payday, redeem the employer's evidence of indebtedness:
(1)  for United States currency;  and
(2)  at the face value of the employer's evidence of indebtedness.
(b)  The face value of an employer's evidence of indebtedness is currency equal to the cash value of the purchasing power in merchandise at the commissary or other repository of the person.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.18(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle C - Wages › Chapter 64 - Redemption of Employer's Evidences of Indebtedness for Wages › Section 64.003. Action to Enforce Redemption; Penalty

Sec. 64.003.  ACTION TO ENFORCE REDEMPTION;  PENALTY.  (a)  A holder who under Section 64.002 presents an employer's evidence of indebtedness and demands redemption is entitled, if the person using the employer's evidence of indebtedness refuses redemption, to recover from that person:
(1)  the value of the employer's evidence of indebtedness;
(2)  a penalty in an amount equal to 25 percent of the amount due;  and
(3)  costs of court and reasonable attorney's fees.
(b)  The holder may bring an action under Subsection (a) in the holder's own name.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.18(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.001. Definitions

Sec. 81.001.  DEFINITIONS.  In this chapter:
(1)   "Commission" means the Texas Workforce Commission.
(2)  "Work and family policies" means family-related employment policies, including:
(A)  hiring and scheduling practices;
(B)  employee benefits;
(C)  dependent care assistance; and
(D)  other terms of employment related to family.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 263 (H.B. 2962), Sec. 2, eff. May 30, 2005.
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.003. Work and Family Policies Resources

Sec. 81.003.  WORK AND FAMILY POLICIES RESOURCES.  The commission shall maintain on its Internet website information and resources for employers who are considering, selecting, or implementing work and family policies, together with an explanation that:
(1)  the commission does not and may not provide legal advice; and
(2)  an employer is not required by law to implement a work and family policy included on the commission's website.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.0045. Dependent Care Grant Program

Sec. 81.0045.  DEPENDENT CARE GRANT PROGRAM.  (a)  The commission may establish a grant program to provide funds to public or private persons to conduct demonstration dependent care projects.
(b)  The commission shall adopt rules governing the submission and approval of grant requests and the cancellation of grants.
(c)  To receive a grant, a person whose grant is approved must execute an interagency agreement or a contract with the commission.  The contract must require the person receiving the grant to perform the services as stated in the approved grant request.  The contract must contain appropriate provisions for program and fiscal monitoring.
Added by Acts 1995, 74th Leg., ch. 305, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.0046. Promotion of Work and Family Policies

Sec. 81.0046.  PROMOTION OF WORK AND FAMILY POLICIES.  In providing information and resources under this chapter, the commission may encourage employers to implement work and family policies by:
(1)  providing examples of work and family policies or providing economic data that demonstrates the economic benefits realized by employers who implement work and family policies, including decreased absenteeism and turnover rates, greater productivity, and federal and state tax incentives;
(2)  advertising the availability of federal and state tax incentives for work and family policies; and
(3)  sharing other relevant information and resources provided to the commission voluntarily by employers, employees, and other stakeholders.
Added by Acts 2003, 78th Leg., ch. 1038, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.005. Sharing Materials on Work and Family Policies

Sec. 81.005.  SHARING MATERIALS ON WORK AND FAMILY POLICIES.  The commission may share materials on work and family policies that are published by state agencies with employers, job applicants, and other interested persons.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.007. Rules

Sec. 81.007.  RULES.  The commission may adopt rules to implement this chapter.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 263 (H.B. 2962), Sec. 3, eff. May 30, 2005.
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 81 - Work and Family Policies › Section 81.008. Gifts, Grants, and Donations

Sec. 81.008.  GIFTS, GRANTS, AND DONATIONS.  (a)  The commission may accept a gift or grant from a public or private entity to fund any activity under this chapter.
(b)  The commission may accept a donation of money, services, or property only if the commission determines that the donation furthers the lawful purposes and objectives of the commission under this chapter and the donation is accepted in an open meeting by a majority of the voting members of the commission.  The donation must be reported in the public records of the commission with the name of the donor and the purpose of the donation.  This subsection does not apply to information and resources voluntarily shared with the commission under Section 81.0046.
Added by Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 846 (H.B. 2975), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 82 - Discharge of Liability Under Certain Employee Benefit Plans › Section 82.001. Definitions

Sec. 82.001.  DEFINITIONS.  In this chapter:
(1)  "Employee benefit plan" includes:
(A)  a retirement benefits plan;
(B)  a death benefits plan;  and
(C)  a savings plan.
(2)  "Employer" includes a former employer.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.19(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 82 - Discharge of Liability Under Certain Employee Benefit Plans › Section 82.002. Discharge of Liability

Sec. 82.002.  DISCHARGE OF LIABILITY.  (a)  A payment or refund made by an employer or trustee under a written employee benefit plan to a person described by Subsection (b) fully discharges the employer or trustee from all adverse claims against the payment or refund unless, before making the payment, the employer or trustee receives a notice that some other person claims to be entitled to all or part of the payment or refund.
(b)  Subsection (a) applies to a payment to:
(1)  an employee;
(2)  a former employee;
(3)  an employee's or former employee's beneficiary, heir, or legatee;  or
(4)  a representative of an employee's or former employee's estate.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.19(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 82 - Discharge of Liability Under Certain Employee Benefit Plans › Section 82.003. Notice

Sec. 82.003.  NOTICE.  (a)  The notice described by Section 82.002 must be received at:
(1)  the employer's principal place of business in this state, if given to an employer;  or
(2)  the trustee's home office, if given to the trustee.
(b)  The notice may be given by or on behalf of the other person.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.19(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 82 - Discharge of Liability Under Certain Employee Benefit Plans › Section 82.004. Corporation May Transfer Stock Ownership

Sec. 82.004.  CORPORATION MAY TRANSFER STOCK OWNERSHIP.  A corporation, the stock of which is a part of a payment or refund that is made as provided by Section 82.002, may accept the stock for transfer as directed by the employer or trustee and treat the person to whom the stock is transferred as the owner of the stock for all purposes unless or until the corporation receives at its home office written notice by or on behalf of a person other than the person to whom the transfer is directed that the other person claims ownership of the stock or another interest in the stock.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.19(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle D - Employee Benefits › Chapter 82 - Discharge of Liability Under Certain Employee Benefit Plans › Section 82.005. Limited Effect

Sec. 82.005.  LIMITED EFFECT.  This chapter does not affect a claim or right to a payment or refund between persons other than:
(1)  an employer or trustee that makes the payment or refund;  or
(2)  a corporation that accepts for transfer corporate stock that is a part of the payment or refund.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.19(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 A. General Provisions › Section 91.0011. Coemployment Relationship

Sec. 91.0011.  COEMPLOYMENT RELATIONSHIP.  (a)  A coemployment relationship is intended to be an ongoing relationship rather than a temporary or specific one, in which the rights, duties, and obligations of an employer that arise out of an employment relationship are allocated between coemployers under a professional employer services agreement.  Coemployment is not a joint employment arrangement.
(b)  In a coemployment relationship:
(1)  the professional employer organization may enforce only those employer rights and is subject to only those obligations specifically allocated to the professional employer organization by the professional employer services agreement or this chapter;
(2)  the client may enforce any right and is obligated to perform those employer obligations allocated to the client by the professional employer services agreement or this chapter; and
(3)  the client may enforce any right and is obligated to perform any obligation of an employer not specifically allocated to the professional employer organization by the professional employer services agreement or this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 3, 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 A. General Provisions › Section 91.0012. Covered Employee

Sec. 91.0012.  COVERED EMPLOYEE.  (a)  A covered employee must meet all the following criteria:
(1)  the individual must receive written notice of the coemployment relationship with the professional employer organization; and
(2)  the individual's coemployment relationship must be under a professional employer services agreement subject to this chapter.
(b)  An individual who is an executive employee, as described by Section 406.097, of the client is a covered employee, except to the extent the professional employer organization and the client expressly agree in the professional employer services agreement that the individual is not a covered employee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 3, 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 A. General Provisions › Section 91.0013. Franchisors Excluded

Sec. 91.0013.  FRANCHISORS EXCLUDED.  (a)  In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.
(b)  For purposes of this chapter, a franchisor is not considered to be in a coemployment relationship with:
(1)  a franchisee; or
(2)  a franchisee's employees.
(c)  With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Added by Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 4, 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 A. General Provisions › Section 91.002. Rules

Sec. 91.002.  RULES.  (a)  The commission shall adopt rules as necessary to administer this chapter.
(b)  Each person who offers professional employer services is subject to this chapter and the rules adopted by the commission.
(c)  Notwithstanding any other provision of this chapter, nothing in this chapter preempts the existing statutory or rulemaking authority of any other state agency or entity to regulate professional employer services in a manner consistent with the statutory authority of that state agency or entity.
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. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 771, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 14.002, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 4, 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 A. General Provisions › Section 91.003. Interagency Cooperation

Sec. 91.003.  INTERAGENCY COOPERATION.  (a)  Each state agency that in performing duties under other law affects the regulation of professional employer services shall cooperate with the department and other state agencies as necessary to implement and enforce this chapter.
(b)  In particular, the Texas Workforce Commission, the division of workers' compensation of the Texas Department of Insurance, the Department of Assistive and Rehabilitative Services, and the attorney general's office shall assist in the implementation of this chapter and shall provide information to the department on request.
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. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 816, Sec. 26.016, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.001, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 117 (S.B. 1286), Sec. 5, 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 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.
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 91.005. 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.
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 91.006. 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.
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 91.007. 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.
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 91.008. 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.
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 91.011. 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.
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 91.012. 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.
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 91.013. 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.
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 91.014. 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.
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 91.015. 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.
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 91.016. 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.
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 91.017. 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.
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 91.018. 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.
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 91.019. 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.