By:  Harris, O. H. "Ike"                               S.B. No. 592
       73R3932 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of certain staff leasing services;
    1-3  providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Advisory committee" means the Staff Leasing
    1-7  Services Advisory Committee.
    1-8              (2)  "Applicant" means a business seeking to be
    1-9  licensed under this Act or seeking the renewal of a license under
   1-10  this Act.
   1-11              (3)  "Client company" means a person that contracts
   1-12  with a licensee and is assigned employees by the licensee under
   1-13  that contract.
   1-14              (4)  "Commission" means the Texas Commission of
   1-15  Licensing and Regulation.
   1-16              (5)  "Commissioner" means the commissioner of licensing
   1-17  and regulation.
   1-18              (6)  "Controlling person" means:
   1-19                    (A)  an officer or director of a corporation
   1-20  seeking to offer staff leasing services, a shareholder holding 10
   1-21  percent or more of the voting stock of a corporation seeking to
   1-22  offer staff leasing services, or a partner of a partnership seeking
   1-23  to offer staff leasing services;
   1-24                    (B)  an individual who possesses, directly or
    2-1  indirectly, the power to direct or cause the direction of the
    2-2  management or policies of a company seeking to offer staff leasing
    2-3  services through the ownership of voting securities, by contract or
    2-4  otherwise, and who is actively involved in the day-to-day
    2-5  management of the company; or
    2-6                    (C)  an individual employed, appointed, or
    2-7  authorized by a business seeking to offer staff leasing services to
    2-8  enter into a contractual relationship with a client company on
    2-9  behalf of the business.
   2-10              (7)  "Department" means the Texas Department of
   2-11  Licensing and Regulation.
   2-12              (8)  "Licensee" means a person licensed under this Act
   2-13  to provide staff leasing services.  The term includes a staff
   2-14  leasing services group licensed under Section 10 of this Act.
   2-15              (9)  "Person" means an individual, association,
   2-16  corporation, partnership, or other private legal entity.
   2-17              (10)  "Staff leasing services" means an arrangement by
   2-18  which employees of a licensee are assigned to work  at a client
   2-19  company and in which responsibilities are in fact shared by the
   2-20  licensee and the client company, the employee's assignment is
   2-21  intended to be of a long-term or continuing nature, rather than
   2-22  temporary or seasonal in nature, and a majority of the work force
   2-23  at a client company work site or a specialized group within that
   2-24  work force consists of assigned employees of the licensee.  The
   2-25  term does not include temporary help services or arrangements under
   2-26  which a business entity not classifiable under the Standard
   2-27  Industrial Classification manual as prepared by the office of
    3-1  management and budget, office of the President of the United
    3-2  States, as Number 7363 shares employees with a commonly owned
    3-3  company subject to Section 414, Internal Revenue Code (26 U.S.C.
    3-4  Section 414), and that does not hold itself out to the public as
    3-5  offering staff leasing services.
    3-6              (11)  "Staff leasing services company" means an
    3-7  individual business entity that offers staff leasing services.
    3-8              (12)  "Staff leasing services group" means a
    3-9  combination of staff leasing services companies that operates under
   3-10  a group license issued under Section 10 of this Act.
   3-11              (13)  "Temporary employee" means an employee hired for
   3-12  a temporary help service.
   3-13              (14)  "Temporary help service" means an arrangement by
   3-14  which an organization hires its own employees and assigns them to
   3-15  clients to support or supplement the client's work force in special
   3-16  work situations such as employee absences, temporary skill
   3-17  shortages, seasonal work loads, or special assignments and
   3-18  projects.
   3-19        SECTION 2.  STAFF LEASING SERVICES ADVISORY COMMITTEE.  (a)
   3-20  The Staff Leasing Services Advisory Committee is created within the
   3-21  department.  The advisory committee consists of five members
   3-22  appointed by the commissioner.
   3-23        (b)  Three members shall be appointed to represent the staff
   3-24  leasing services industry and shall be chosen from individuals who
   3-25  are affiliated with persons eligible for a license under this Act.
   3-26  An industry representative may not be associated with the same
   3-27  staff leasing services company or staff leasing services group as
    4-1  another industry representative.
    4-2        (c)  One member shall be appointed to represent the interest
    4-3  of client companies and must be an owner, officer, director, or
    4-4  management employee of a client company.  The client company
    4-5  representative may not be a client of a staff leasing services
    4-6  company or staff leasing services group represented on the advisory
    4-7  committee.
    4-8        (d)  One member shall be appointed to represent the public.
    4-9        (e)  Each member who is not representing the staff leasing
   4-10  services industry must be a resident of this state.
   4-11        (f)  Appointments shall be made to the advisory committee
   4-12  without regard to the race, color, disability, sex, religion, age,
   4-13  or national origin of the appointee.
   4-14        (g)  A member of the advisory committee is not liable in a
   4-15  civil action for any act performed in good faith in the execution
   4-16  of duties as an advisory committee member.
   4-17        (h)  A member of the advisory committee serves a four-year
   4-18  term or until a successor is appointed.  If a vacancy occurs during
   4-19  a term, the commissioner shall appoint a replacement to fill the
   4-20  unexpired part of the term.  Terms end on February 1 of the
   4-21  calendar year.
   4-22        (i)  The advisory committee shall elect one of its members as
   4-23  chairman, who shall serve in that capacity at the pleasure of the
   4-24  membership of the advisory committee.  The chairman may vote on all
   4-25  matters before the advisory committee.
   4-26        SECTION 3.  RULES.  (a)  With the advice of the advisory
   4-27  committee, the commissioner shall adopt rules as necessary to
    5-1  administer this Act.  The advisory committee may propose new rules
    5-2  or amendments to existing rules and may submit those rules or
    5-3  amendments to the commissioner for consideration and adoption.
    5-4        (b)  Rules shall be adopted in compliance with the
    5-5  Administrative Procedure and Texas Register Act (Article 6252-13a,
    5-6  Vernon's Texas Civil Statutes).
    5-7        (c)  Each licensee is governed and controlled by this Act and
    5-8  the rules adopted by the commissioner.
    5-9        SECTION 4.  APPLICATION OF OTHER LAWS.  The advisory
   5-10  committee is subject to Chapter 271, Acts of the 60th Legislature,
   5-11  Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
   5-12  Statutes), and Chapter 424, Acts of the 63rd Legislature, Regular
   5-13  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
   5-14        SECTION 5.  LICENSE REQUIRED; APPLICATION.  (a)  A person may
   5-15  not engage in or offer staff leasing services in this state without
   5-16  holding a license issued under this Act.
   5-17        (b)  Each person that desires an original or renewal staff
   5-18  leasing services company license shall file with the department a
   5-19  written application accompanied by the application fee.  The
   5-20  commission shall set the application fee in an amount not to exceed
   5-21  $250.
   5-22        (c)  The department may require an applicant for a license to
   5-23  provide information and certifications necessary to determine that
   5-24  the applicant meets the licensing requirements of this Act.  The
   5-25  department may also require the applicant to provide information
   5-26  and certifications necessary to determine whether individuals
   5-27  affiliated with the applicant are qualified to serve as controlling
    6-1  persons.
    6-2        (d)  An application for a staff leasing services group
    6-3  license under Section 10 of this Act must provide the information
    6-4  required by this Act for each member of the group.
    6-5        (e)  An applicant or licensee is ineligible for a license for
    6-6  one year after the date of final department action on the denial or
    6-7  revocation of a license applied for or issued under this Act.  This
    6-8  restriction does not apply to a denial or revocation of a license
    6-9  if the basis of the action was:
   6-10              (1)  an inadvertent error or omission in the
   6-11  application if that error or omission is promptly corrected;
   6-12              (2)  that the experience documented to the department
   6-13  was insufficient at the time of the previous application;
   6-14              (3)  that the department was unable to complete the
   6-15  criminal background investigation required under Section 6 of this
   6-16  Act because of insufficient information received from a local,
   6-17  state, or federal law enforcement agency; or
   6-18              (4)  that one or more of the controlling persons
   6-19  affiliated with the applicant or licensee was determined by the
   6-20  department to be unsuitable, if that unsuitable controlling person
   6-21  has in fact ceased to be a controlling person of the applicant or
   6-22  licensee.
   6-23        SECTION 6.  LICENSE REQUIREMENTS.  (a)  To be qualified to
   6-24  serve as a controlling person of a licensee under this Act, that
   6-25  person must be at least 18 years of age, be of good moral
   6-26  character, and have educational, managerial, or business experience
   6-27  relevant to:
    7-1              (1)  operation of a business entity offering staff
    7-2  leasing services; or
    7-3              (2)  service as a controlling person of a staff leasing
    7-4  services company.
    7-5        (b)  For the purposes of this section, "good moral character"
    7-6  means a personal history of honesty, trustworthiness, fairness, a
    7-7  good reputation for fair dealing, and respect for the rights of
    7-8  others and for the laws of this state and nation.
    7-9        (c)  The department shall conduct a thorough background
   7-10  investigation of each individual applicant and of each controlling
   7-11  person of each applicant to determine whether that applicant or
   7-12  controlling person is qualified under this Act.  The department may
   7-13  deny an application for the issuance or renewal of a license if it
   7-14  finds that a controlling person is not qualified under this Act.
   7-15  The investigation must include:
   7-16              (1)  the submission of fingerprints for processing
   7-17  through appropriate local, state, and federal law enforcement
   7-18  agencies; and
   7-19              (2)  examination by the department of police or other
   7-20  law enforcement records maintained by local, state, or federal law
   7-21  enforcement agencies.
   7-22        (d)  Department background investigations are governed by
   7-23  this Act and by Article 6252-13c and Article 6252-13d, Revised
   7-24  Statutes.  Conviction of a crime does not automatically disqualify
   7-25  a controlling person, require the revocation of a license, or
   7-26  require the denial of an application for a new or renewed license.
   7-27  The department shall consider criminal convictions as provided by
    8-1  Article 6252-13c and Article 6252-13d, Revised Statutes.
    8-2        (e)  Each licensee shall maintain a registered agent for the
    8-3  service of process in this state.
    8-4        (f)  An applicant for an original or renewal license must
    8-5  demonstrate a net worth of at least $50,000.  The applicant shall
    8-6  demonstrate the net worth to the department by providing the
    8-7  department with the applicant's financial statement or a copy of
    8-8  the applicant's most recent federal tax return.  The net worth
    8-9  requirement may also be satisfied through guarantees, letters of
   8-10  credit, or other security acceptable to the department in a
   8-11  combined total amount of at least $50,000.  A guaranty is not
   8-12  acceptable to satisfy this subsection unless the applicant submits
   8-13  sufficient evidence to satisfy the department that the guarantor
   8-14  has adequate resources to satisfy the obligations of the guaranty.
   8-15        (g)  A document submitted to establish net worth must reflect
   8-16  the net worth as of a date not earlier than six months before the
   8-17  date on which the application is submitted.  A document submitted
   8-18  to establish net worth must be prepared or certified by an
   8-19  independent certified public accountant.  Information supplied
   8-20  regarding net worth, including copies of federal tax returns, is
   8-21  proprietary and confidential and is exempt from disclosure to third
   8-22  parties, other than to other governmental agencies with a
   8-23  reasonable legitimate purpose for obtaining the information.
   8-24        SECTION 7.  FEES.  (a)  Each applicant for an original or
   8-25  renewal license shall pay to the department on the issuance of the
   8-26  license or license renewal a fee set by the commission by rule in
   8-27  an amount not to exceed:
    9-1              (1)  $3,000 for a staff leasing services company
    9-2  license; or
    9-3              (2)  $10,000 for a staff leasing services group license
    9-4  issued under Section 10 of this Act.
    9-5        (b)  The commission by rule shall establish a sliding scale
    9-6  for fees set under this Act, subject to the fee limits set by
    9-7  Subsection (a) of this section.  In establishing the scale, the
    9-8  commission shall consider:
    9-9              (1)  the size of the applicant;
   9-10              (2)  the number of assigned employees employed by the
   9-11  applicant within this state;
   9-12              (3)  the reasonable funding needs of the department;
   9-13  and
   9-14              (4)  other factors considered appropriate by the
   9-15  commission.
   9-16        SECTION 8.  STAFF LEASING SERVICES AGREEMENT.  A licensee
   9-17  shall establish the terms of a staff leasing services agreement by
   9-18  a written contract between the licensee and the client company.
   9-19  The licensee shall give written notice of the agreement as it
   9-20  affects assigned employees to each employee assigned to a client
   9-21  company work site.
   9-22        SECTION 9.  CONTRACT REQUIREMENTS; STATUS AS EMPLOYER.  (a)
   9-23  A contract between a licensee and a client company must provide
   9-24  that the licensee:
   9-25              (1)  reserves the right of direction and control over
   9-26  employees assigned to a client's work sites;
   9-27              (2)  assumes responsibility for the payment of wages to
   10-1  the assigned employees without regard to payments by the client to
   10-2  the licensee;
   10-3              (3)  assumes responsibility for the payment of payroll
   10-4  taxes and collection of taxes from payroll on assigned employees;
   10-5              (4)  retains the right to hire, fire, discipline, and
   10-6  reassign the assigned employees; and
   10-7              (5)  retains the right of direction and control over
   10-8  the adoption of employment and safety policies and the management
   10-9  of workers' compensation claims, claim filings, and related
  10-10  procedures.
  10-11        (b)  For the purposes of the law of this state, a licensee is
  10-12  the employer of the employees assigned to a client company.  This
  10-13  Act does not affect the rights, duties or liabilities of licensees,
  10-14  client companies, or employees under federal law.
  10-15        SECTION 10.  GROUP LICENSE.  A group of at least two but not
  10-16  more than five staff leasing services companies that are
  10-17  majority-owned by the same business entity may be licensed as a
  10-18  staff leasing services group.  A staff leasing services group may
  10-19  satisfy the reporting and financial requirements of this Act on a
  10-20  consolidated basis.  As a condition of the issuance of a staff
  10-21  leasing services group license, each person that is a member of the
  10-22  group must guarantee payment of all financial obligations of each
  10-23  other member of the group.
  10-24        SECTION 11.  LIMITED LICENSE; RECIPROCITY.  (a)  The
  10-25  commissioner by rule shall provide for the issuance of a limited
  10-26  license for a person that offers staff leasing services in this
  10-27  state on a limited basis and that is primarily engaged in offering
   11-1  staff leasing services in another state.  The commissioner by rule
   11-2  shall provide for reciprocity for a person offering staff leasing
   11-3  services that is licensed in another state and primarily engaged in
   11-4  business outside this state.  The principal place of business of a
   11-5  person offering staff leasing services that applies for a license
   11-6  under this section must be located in a state other than this
   11-7  state.
   11-8        (b)  For the purposes of this section, a person offers staff
   11-9  leasing services on a limited basis if the person employs fewer
  11-10  than 20 employees who are assigned to a client company.
  11-11        SECTION 12.  ISSUANCE AND TERM OF LICENSES.  (a)  The
  11-12  department shall issue a license to an applicant determined to meet
  11-13  the requirements of this Act.  The department shall issue the
  11-14  license not later than the 90th day after the date on which the
  11-15  completed application is filed with the department.
  11-16        (b)  A license issued by the department under this Act is
  11-17  valid for two years.  The department shall renew a license on
  11-18  receipt of a renewal application approved by the department and
  11-19  payment of the required renewal fees.
  11-20        SECTION 13.  REQUIRED DISCLOSURE.  (a)  Each licensee shall
  11-21  disclose to the department, each client company, and its assigned
  11-22  employees information relating to any insurance or benefit plan
  11-23  provided for the benefit of its assigned employees.  The
  11-24  information must include:
  11-25              (1)  the type of coverage;
  11-26              (2)  the identity of each insurer for each type of
  11-27  coverage;
   12-1              (3)  the amount of benefits provided for each type of
   12-2  coverage and to whom or on whose behalf benefits are to be paid;
   12-3              (4)  the policy limits on each insurance policy; and
   12-4              (5)  whether the coverage is fully insured, partially
   12-5  insured, or fully self-funded.
   12-6        (b)  The commissioner by rule may require the filing by
   12-7  licensees of other reports that are reasonably necessary to the
   12-8  implementation of this Act.
   12-9        SECTION 14.  INSURANCE.  (a)  A licensee may elect to obtain
  12-10  workers' compensation insurance coverage in the same manner as any
  12-11  other employer.  If coverage is obtained, that insurance must
  12-12  comply with the applicable provisions of the Insurance Code.  A
  12-13  licensee is entitled to the same rights to obtain all types of
  12-14  insurance coverage, including endorsements, as may be obtained by
  12-15  other business entities doing business in this state.
  12-16        (b)  A licensee may sponsor and maintain employee benefit
  12-17  plans for the benefit of assigned employees.  A client company may
  12-18  include assigned employees in any benefit plan sponsored by the
  12-19  client company.
  12-20        SECTION 15.  POSTING OF LICENSE, NOTICE.  (a)  The
  12-21  commissioner by rule shall determine the form and content of:
  12-22              (1)  the licenses issued under this Act; and
  12-23              (2)  notices required to be posted under this section.
  12-24        (b)  Each license issued under this Act must be posted in a
  12-25  conspicuous place in the principal place of business in this state
  12-26  of the licensee.  Each licensee shall display, in a place that is
  12-27  in clear and unobstructed public view, a notice stating that the
   13-1  business operated at the location is licensed and regulated by the
   13-2  department and that any questions or complaints should be directed
   13-3  to the department.
   13-4        SECTION 16.  LICENSE NOT ASSIGNABLE; CHANGES OF NAME OR
   13-5  LOCATION.  (a)  A licensee may not conduct business under any name
   13-6  other than that specified in the license.  A license issued under
   13-7  this Act is not assignable.  A licensee may not conduct business
   13-8  under any fictitious or assumed name without prior written
   13-9  authorization from the department.  The department may not
  13-10  authorize the use of a name that is so similar to that of a public
  13-11  office or agency or to that of another licensee that the public may
  13-12  be confused or misled by its use.  A licensee may not conduct
  13-13  business under more than one name unless it has obtained a separate
  13-14  license for each name.
  13-15        (b)  A licensee may change its licensed name at any time by
  13-16  notifying the department and paying a fee for each change of name.
  13-17  The commission by rule shall set the fee for a name change in an
  13-18  amount not to exceed $50.  A licensee may change its name on
  13-19  renewal of the license without the payment of the name change fee.
  13-20        (c)  A licensee must notify the department in writing of:
  13-21              (1)  any change in the location of its primary business
  13-22  office;
  13-23              (2)  the addition of more business offices; or
  13-24              (3)  a change in the location of business records
  13-25  maintained by the licensee.
  13-26        SECTION 17.  PROHIBITED ACTS; CRIMINAL PENALTY.  (a)  A
  13-27  person may not:
   14-1              (1)  engage in staff leasing services without holding a
   14-2  license under this Act as a staff leasing services company or a
   14-3  staff leasing services group;
   14-4              (2)  use the name or title "staff leasing company,"
   14-5  "employee leasing company," "licensed staff leasing company,"
   14-6  "licensed staff leasing company group," or "staff leasing services
   14-7  company," or otherwise represent that it is licensed under this
   14-8  Act, unless the entity holds a license issued under this Act;
   14-9              (3)  represent as the person's own the license of
  14-10  another person or represent that a person is licensed if the person
  14-11  does not hold a license;
  14-12              (4)  give false or forged evidence to the department in
  14-13  connection with obtaining or renewing a license or in connection
  14-14  with disciplinary proceedings under this Act; or
  14-15              (5)  use or attempt to use a license which has expired
  14-16  or been revoked.
  14-17        (b)  A person that violates Subsection (a) of this section
  14-18  commits an offense.  An offense under this subsection is a Class C
  14-19  misdemeanor.
  14-20        SECTION 18.  DISCIPLINARY ACTIONS.  (a)  For the purposes of
  14-21  this section, "conviction" includes a plea of nolo contendere or a
  14-22  finding of guilt, regardless of adjudication.
  14-23        (b)  Disciplinary action may be taken against a licensee by
  14-24  the department on any of the following grounds:
  14-25              (1)  the conviction of a licensee or any controlling
  14-26  person of a licensee of bribery, fraud, or intentional or material
  14-27  misrepresentation in obtaining, attempting to obtain, or renewing a
   15-1  license;
   15-2              (2)  the conviction of a licensee or any controlling
   15-3  person of a licensee of a crime that relates to the operation of a
   15-4  staff leasing service or the ability of the licensee or any
   15-5  controlling person of a licensee to operate a staff leasing
   15-6  service;
   15-7              (3)  the conviction of a licensee or any controlling
   15-8  person of a licensee of a crime that relates to the classification,
   15-9  misclassification, or under-reporting of employees under the Texas
  15-10  Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
  15-11  Texas Civil Statutes);
  15-12              (4)  the conviction of a licensee or any controlling
  15-13  person of a licensee of a crime that relates to the establishment
  15-14  or maintenance of a self-insurance program, whether health
  15-15  insurance, workers' compensation insurance, or other insurance;
  15-16              (5)  the conviction of a licensee or any controlling
  15-17  person of a licensee of a crime that relates to fraud, deceit, or
  15-18  misconduct in the operation of a staff leasing service;
  15-19              (6)  engaging in staff leasing services without a
  15-20  license;
  15-21              (7)  transferring or attempting to transfer a license
  15-22  issued under this Act;
  15-23              (8)  violating this Act or any order or rule issued by
  15-24  the department or commissioner under this Act;
  15-25              (9)  failing to notify the department, in writing, of
  15-26  the felony conviction of any controlling person not later than the
  15-27  30th day after the date on which that conviction is final;
   16-1              (10)  failing to cooperate with an investigation,
   16-2  examination, or audit of the licensee's records conducted by the
   16-3  licensee's insurance company or the insurance company's designee,
   16-4  as allowed by the insurance contract or as authorized by law by the
   16-5  Texas Department of Insurance;
   16-6              (11)  failing to notify the department and the Texas
   16-7  Department of Insurance not later than the 30th day after the
   16-8  effective date of the change of any change in ownership, principal
   16-9  business address, or the address of accounts and records;
  16-10              (12)  failing to correct any tax filings or payment
  16-11  deficiencies within a reasonable time as determined by the
  16-12  commissioner;
  16-13              (13)  refusing, after reasonable notice, to meet
  16-14  reasonable health and safety requirements within the licensee's
  16-15  control and made known to the licensee by a federal or state
  16-16  agency;
  16-17              (14)  a delinquency in the payment of the licensee's
  16-18  insurance premiums other than those subject to a legitimate
  16-19  dispute;
  16-20              (15)  a delinquency in the payment of any employee
  16-21  benefit plan premiums or contributions other than those subject to
  16-22  a legitimate dispute; or
  16-23              (16)  knowingly making a material misrepresentation to
  16-24  an insurance company or to the department or other governmental
  16-25  agency.
  16-26        (c)  On a finding that a licensee has violated one or more
  16-27  provisions of Subsection (b) of this section, the department may:
   17-1              (1)  deny an application for a license;
   17-2              (2)  revoke, restrict, or refuse to renew a license;
   17-3              (3)  impose an administrative penalty in an amount not
   17-4  less than $1,000 per violation but not more than $50,000;
   17-5              (4)  issue a reprimand; or
   17-6              (5)  place the licensee on probation for the period and
   17-7  subject to conditions that the department specifies.
   17-8        (d)  On revocation of a license, the licensee shall
   17-9  immediately return the revoked license to the department.
  17-10        (e)  Disciplinary action may be taken, a denial of an
  17-11  application for a new or renewal license or a revocation of a
  17-12  license may be done, or a determination that a controlling person
  17-13  is unqualified may be made by the department only subject to the
  17-14  Administrative Procedure and Texas Register Act (Article 6252-13a,
  17-15  Vernon's Texas Civil Statutes) with notice to, and an opportunity
  17-16  for a hearing by, the affected applicant, licensee, or controlling
  17-17  person.
  17-18        (f)  If a license is revoked or renewal is denied, the
  17-19  affected licensee may request a reinstatement hearing after a
  17-20  minimum of one year.  The department may reinstate or renew the
  17-21  license only if the cause of the nonrenewal or revocation has been
  17-22  corrected.
  17-23        SECTION 19.  FEES USED FOR ADMINISTRATION.  All fees
  17-24  collected by the department under this Act shall be used to
  17-25  implement this Act.
  17-26        SECTION 20.  EFFECT OF OTHER LAW.  This Act does not exempt a
  17-27  client of a licensee, or any assigned employee, from any other
   18-1  license requirements imposed under local, state, or federal law.
   18-2  An employee who is licensed, registered, or certified under law and
   18-3  who is assigned to a client company is considered to be an employee
   18-4  of the client company for the purpose of that license,
   18-5  registration, or certification but otherwise remains the employee
   18-6  of the licensee as provided in this Act.
   18-7        SECTION 21.  EFFECTIVE DATE; TRANSITION; INITIAL
   18-8  APPOINTMENTS.  (a)  Except as provided by Subsection (b) of this
   18-9  section, this Act takes effect September 1, 1993.
  18-10        (b)  A person is not required to hold a license under this
  18-11  Act to provide staff leasing services until March 1, 1994.
  18-12        (c)  In making the initial appointments to the  Staff Leasing
  18-13  Services Advisory Committee, the commissioner shall appoint one
  18-14  member for a term ending February 1, 1995, two members for terms
  18-15  ending February 1, 1996, and two members for terms ending February
  18-16  1, 1997.
  18-17        SECTION 22.  EMERGENCY.  The importance of this legislation
  18-18  and the crowded condition of the calendars in both houses create an
  18-19  emergency   and   an   imperative   public   necessity   that   the
  18-20  constitutional rule requiring bills to be read on three several
  18-21  days in each house be suspended, and this rule is hereby suspended.