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Texas Statutes (Last Updated: January 4, 2014) |
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LABOR CODE |
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Title 2. PROTECTION OF LABORERS |
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Subtitle E. REGULATION OF CERTAIN OCCUPATIONS |
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Chapter 91. STAFF LEASING SERVICES |
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Subchapter A. GENERAL PROVISIONS |
Sec. 91.001. DEFINITIONS
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In this chapter:
(1) "Applicant" means a business entity applying for a license or the renewal of a license under this chapter.
(2) "Assigned employee" means an employee under a staff leasing services arrangement whose work is performed in this state. The term does not include an employee hired to support or supplement a client company's work force in a special work situation, including:
(A) an employee absence;
(B) a temporary skill shortage;
(C) a seasonal workload; or
(D) a special assignment or project.
(2-a) "Assurance organization" means an independent entity approved by the commission that:
(A) provides a national program of accreditation and financial assurance for staff leasing services companies;
(B) has documented qualifications, standards, and procedures acceptable to the department; and
(C) agrees to provide information, compliance monitoring services, and financial assurance useful to the department in accomplishing the provisions of this chapter.
(3) "Client company" means a person that contracts with a license holder and is assigned employees by the license holder under that contract.
(4) "Commission" means the Texas Commission of Licensing and Regulation.
(5) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 14.010(1).
(6) "Common ownership" means a direct or indirect ownership interest in excess of 33-1/3 percent. The term includes ownership through subsidiaries or affiliates.
(7) "Controlling person" means an individual who:
(A) possesses direct or indirect control of 25 percent or more of the voting securities of a corporation that offers or proposes to offer staff leasing services;
(B) possesses the authority to set policy and direct management of a company that offers or proposes to offer staff leasing services;
(C) is employed, appointed, or authorized by a company that offers or proposes to offer staff leasing services to enter into a contract with a client company on behalf of the company; or
(D) a person who is an officer or director of a corporation or a general partner of a partnership that offers or proposes to offer staff leasing services.
(8) "Department" means the Texas Department of Licensing and Regulation.
(8-a) "Executive director" means the executive director of the department.
(9) "Governmental entity" means this state, or an agency, county, or municipality of this state.
(10) "Independent contractor" means a person who contracts to perform work or provide a service for the benefit of another and who:
(A) is paid by the job, not by the hour or some other time-measured basis;
(B) is free to hire as many helpers as the person desires and to determine what each helper will be paid; and
(C) is free to work for other contractors, or to send helpers to work for other contractors, while under contract to the hiring employer.
(11) "License holder" means a person licensed under this chapter to provide staff leasing services.
(12) Repealed by Acts 2009, 81st Leg., R.S., Ch. 188, Sec. 6, eff. September 1, 2009.
(13) "Offer" means a proposal for acceptance or rejection that is made in such a form that the promises or performance to be rendered by each party are reasonably certain.
(14) "Staff leasing services" means an arrangement by which employees of a license holder are assigned to work at a client company and in which employment responsibilities are in fact shared by the license holder and the client company, the employee's assignment is intended to be of a long-term or continuing nature, rather than temporary or seasonal in nature, and a majority of the work force at a client company worksite or a specialized group within that work force consists of assigned employees of the license holder. The term includes professional employer organization services. The term does not include:
(A) temporary help;
(B) an independent contractor;
(C) the provision of services that otherwise meet the definition of "staff leasing services" by one person solely to other persons who are related to the service provider by common ownership; or
(D) a temporary common worker employer as defined by Chapter 92.
(15) "Staff leasing services company" means a business entity that offers staff leasing services. The term includes a professional employer organization.
(16) "Temporary help " means an arrangement by which an organization hires its own employees and assigns them to a client to support or supplement the client's work force in a special work situation, including:
(A) an employee absence;
(B) a temporary skill shortage;
(C) a seasonal workload; or
(D) a special assignment or project.
(17) "Wages" means:
(A) compensation for labor or services rendered by an assigned employee, whether computed on a time, task, piece, or other basis; and
(B) vacation pay, holiday pay, sick leave pay, parental leave pay, severance pay, bonuses, commissions, stock option grants, or deferred compensation owed to an assigned employee under a written agreement.
(18) "Working capital" of an applicant means the applicant's current assets minus the applicant's current liabilities as determined by generally accepted accounting principles.