By Wentworth                                          S.B. No. 1370
       74R5177 PB-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of certain staff leasing services.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1, Chapter 994, Acts of the 73rd
    1-5  Legislature, Regular Session, 1993 (Article 9104, Vernon's Texas
    1-6  Civil Statutes), is amended by adding Subdivision (15) to read as
    1-7  follows:
    1-8              (15)  "Net worth" means the assets of a license
    1-9  applicant minus the applicant's liabilities, as shown on the
   1-10  applicant's financial statement or most recent federal income tax
   1-11  return, plus the sum of any other guarantees, letters of credit, or
   1-12  securities that the applicant submits to the department under
   1-13  Section 4 of this Act.
   1-14        SECTION 2.  Sections 4(c) and (g), Chapter 994, Acts of the
   1-15  73rd Legislature, Regular Session, 1993 (Article 9104, Vernon's
   1-16  Texas Civil Statutes), are amended to read as follows:
   1-17        (c)  The department shall conduct a thorough background
   1-18  investigation of each individual applicant and of each controlling
   1-19  person of each applicant to determine whether that applicant or
   1-20  controlling person is qualified under this Act.  The department may
   1-21  deny an application for the issuance or renewal of a license if it
   1-22  finds that a controlling person is not qualified under this Act.
   1-23  The investigation must include:
   1-24              (1)  for an original application, the submission of
    2-1  fingerprints for processing through appropriate local, state, and
    2-2  federal law enforcement agencies; and
    2-3              (2)  examination by the department of police or other
    2-4  law enforcement records maintained by local, state, or federal law
    2-5  enforcement agencies.
    2-6        (g)  For purposes of Subsection (f) of this section,
    2-7  "assigned employee" means a full-time employee whose normal work
    2-8  week is at least 30 <25> hours per week and whose work is performed
    2-9  in this state.  The term does not include an employee hired to
   2-10  support or supplement the client's workforce in special work
   2-11  situations, such as employee absences, temporary skill shortages,
   2-12  seasonal workloads, or special assignments and projects.
   2-13        SECTION 3.  This Act takes effect September 1, 1995.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.