2005 Texas Labor Code CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS

LABOR CODE

CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 92.001. PURPOSE.  (a) The legislature finds that this 
chapter is necessary to:
		(1)  provide for the health, safety, and welfare of 
workers throughout this state;  and
		(2)  establish uniform standards of conduct and 
practice for certain employers in this state.
	(b)  This chapter shall be implemented in accordance with 
these purposes.    

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.002. DEFINITIONS.  In this chapter:                                    
		(1)  "Commission" means the Texas Commission of 
Licensing and Regulation.   
		(2)  Repealed by Acts 2003, 78th Leg., ch. 816, § 
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)  "Department" means the Texas Department of 
Licensing and Regulation.   
		(4-a)  "Executive director" means the executive 
director of the department. 
		(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 license holder where common workers assemble and are 
dispatched to work for a user of common workers.
		(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, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2003, 78th Leg., ch. 816, § 16.001, 
16.004(1), eff. Sept. 1, 2003.


	§ 92.003. AGENCY POWERS AND DUTIES.  The department and 
commission shall exercise the regulatory, administrative, and 
licensing authority granted under this chapter as provided by 
Chapter 51, Occupations Code.

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2001, 77th Leg., ch. 836, § 5, eff. June 
14, 2001;  Acts 2001, 77th Leg., ch. 1420, § 14.817, eff. Sept. 
1, 2001.


	§ 92.004. APPLICABILITY OF OTHER LAW.  Section 51.405, 
Occupations Code, does not apply to this chapter.

Added by Acts 2003, 78th Leg., ch. 816, § 16.002, eff. Sept. 1, 
2003.    

SUBCHAPTER B. LICENSE REQUIREMENTS


	§ 92.011. LICENSE REQUIRED.  A person may not operate as a 
temporary common worker employer in this state unless the person 
holds a license issued under this chapter for each location at which 
the person operates.

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.012. EXEMPTIONS FROM LICENSING REQUIREMENT.  This 
chapter does not apply to:
		(1)  a temporary skilled labor agency;                                        
		(2)  a staff leasing services company;                                        
		(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, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.013. EFFECT OF OTHER REGULATION.  (a) Except as 
provided by Subsection (b), a license issued under this chapter 
supersedes a license required or issued by a municipality or other 
governmental subdivision of this state, and a license holder may 
not be required to hold a license issued by a municipality or other 
governmental subdivision of this state to operate as a temporary 
common worker employer in the municipality or governmental 
subdivision.
	(b)  A municipality with a population greater than 750,000 
may establish municipal licensing requirements that impose 
stricter standards 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, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.014. LICENSE APPLICATION AND ISSUANCE.  (a) The 
department shall issue a temporary common worker employer license 
to a person who meets the application requirements established by 
the executive director and pays the application and registration 
fees set by the commission.
	(b)  A license issued under this chapter is valid throughout 
this state and is not assignable or transferable.

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2003, 78th Leg., ch. 816, § 26.020, eff. 
Sept. 1, 2003.


	§ 92.015. LICENSE RENEWAL.  (a) A license issued under 
this chapter is valid for one year from the date of issuance and may 
be renewed on payment of the required renewal fee.
	(b)  Repealed by Acts 2003, 78th Leg., ch. 816, § 
16.004(2).              
	(c)  Repealed by Acts 2003, 78th Leg., ch. 816, § 
16.004(2).              

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2003, 78th Leg., ch. 816, § 16.004(2), 
eff. Sept. 1, 2003.

SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER


	§ 92.021. LICENSE HOLDER AS EMPLOYER.  (a) Each license 
holder is the employer of the common workers provided by that 
license holder.
	(b)  A license holder may hire, reassign, control, direct, 
and discharge the employees of the license holder.

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.022. REQUIRED RECORDS;  CONFIDENTIALITY.  (a) Each 
license holder shall maintain and make available to a 
representative of the department records that show for each common 
worker provided by the license holder 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 license holder shall maintain the records at least 
until the second anniversary of the date on which the worker was 
last employed by the license holder.
	(c)  Information received by the commission or department 
under this section is privileged and confidential and is for the 
exclusive use of the commission or department.  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, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2003, 78th Leg., ch. 816, § 16.003, eff. 
Sept. 1, 2003.


	§ 92.023. POSTING OF CERTAIN INFORMATION.  (a) Each 
license holder shall post the license for a place of business at 
which the license holder operates as a temporary common worker 
employer in a conspicuous place on the licensed premises for 
inspection.
	(b)  Each license holder shall also post in a conspicuous 
place in the licensed premises a notice of any charge permitted 
under this chapter that the license holder 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, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.024. LABOR HALL REQUIREMENTS.  A license holder that 
operates a labor hall as part of a licensed premises 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, § 9.20(a), eff. Sept. 1, 
1995.    


	§ 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED.  (a) 
A license holder 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 license holder 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, § 9.20(a), eff. Sept. 1, 
1995.    

SUBCHAPTER D. CRIMINAL PENALTY


	§ 92.031. CRIMINAL PENALTY.  (a) A person commits an 
offense if the person knowingly or intentionally violates:
		(1)  this chapter;                                                            
		(2)  a rule adopted under this chapter;  or                                   
		(3)  an administrative order adopted under this 
chapter.                    
	(b)  An offense under this section is a Class A misdemeanor.                   

Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1, 
1995.  Amended by Acts 2003, 78th Leg., ch. 816, § 26.021, eff. 
Sept. 1, 2003.