Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Haggerty                                     H.B. No. 1465

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of staff leasing services; providing

 1-3     penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 91, Labor Code, is amended

 1-6     to read as follows:

 1-7           Sec. 91.001.  Definitions.  In this chapter:

 1-8                 (1)  "Applicant" means a business [entity applying for

 1-9     a license] seeking to be registered or seeking the renewal of a

1-10     [license] registration under this chapter.

1-11                 (2)  "Assigned employee" means a full-time employee

1-12     whose normal work week is at least 25 hours and whose work is

1-13     performed in this state.  The term does not include an employee

1-14     hired to support or supplement a client company's work force in a

1-15     special work situation, including:

1-16                       (A)  an employee absence;

1-17                       (B)  a temporary skill shortage;

1-18                       (C)  a seasonal workload; or

1-19                       (D)  a special assignment or project.

1-20                 (3)  "Client company" means a person that contracts

1-21     with a [license holder] registrant and is assigned employees by the

1-22     [license holder] registrant under that contract.

1-23                 (4)  "Commission" means the [Texas Commission of

1-24     Licensing and Regulation].

 2-1                 (5)  "Commissioner" means the commissioner of

 2-2     [licensing and regulation].

 2-3                 (6)  "Controlling person" means:

 2-4                       (A)  an officer or director of a corporation that

 2-5     offers or proposes to offer staff leasing services, a shareholder

 2-6     holding 10 percent or more of the voting stock of a corporation

 2-7     that offers or proposes to offer staff leasing services, or a

 2-8     partner of a partnership that offers or proposes to offer staff

 2-9     leasing services; or

2-10                       (B)  an individual who directly or indirectly has

2-11     the power to direct or cause the direction of the management or

2-12     policies of a company that offers or proposes to offer staff

2-13     leasing services through:

2-14                             (i)  the ownership of voting securities;

2-15                             (ii)  contract; or

2-16                             (iii)  another means.

2-17                 (7)  "Department" means the [Texas Department of

2-18     Licensing and Regulation].

2-19                 (8)  "Independent contractor" means a person who

2-20     contracts to perform work or provide a service for the benefit of

2-21     another and who:

2-22                       (A)  is paid by the job, not by the hour or some

2-23     other time-measured basis;

2-24                       (B)  is free to hire as many helpers as the

2-25     person desires and to determine what each helper will be paid; and

2-26                       (C)  is free to work for other contractors, or to

2-27     send helpers to work for other contractors, while under contract to

2-28     the hiring employer.

2-29                 (9)  ["License holder"] Registrant means a person

2-30     [licensed] registered under this chapter and holding a certificate

 3-1     issued by _____ to provide staff leasing services.

 3-2                 [(10)  "Public company" means a corporation whose

 3-3     shares are listed on the New York Stock Exchange and that has total

 3-4     assets that exceed $1 billion.]

 3-5                 (10)  Certificate if Registration means a certificate

 3-6     issued by ____ pursuant to registration under this Act.

 3-7                 (11)  "Staff leasing services" means an arrangement by

 3-8     which employees of a [license holder] registrant are assigned to

 3-9     work at a client company and in which employment responsibilities

3-10     are [in fact shared by the license holder] defined between the

3-11     employee leasing company and the client company, the employee's

3-12     assignment is intended to be of a long-term or continuing nature,

3-13     rather than temporary or seasonal in nature, and a majority of the

3-14     work force at a client company worksite or a specialized group

3-15     within that work force consists of assigned employees of the

3-16     [license holder] registrant.  The term does not include:

3-17                       (A)  a temporary help service;

3-18                       (B)  an independent contractor;

3-19                       (C)  a public company or any other person in

3-20     which that public company has a direct or indirect ownership

3-21     interest in excess of 33 1/3  percent, including ownership through

3-22     subsidiaries and affiliates; or

3-23                       (D)  a temporary common worker employer as

3-24     defined by Chapter 92.

3-25                 (12)  "Staff leasing services company" means a business

3-26     entity that offers staff leasing services.

3-27                 (13)  "Temporary employee" means an employee hired for

3-28     a temporary help service.

3-29                 (14)  "Temporary help service" means an arrangement by

3-30     which an organization hires its own employees and assigns them to a

 4-1     client to support or supplement the client's work force in a

 4-2     special work situation, including:

 4-3                       (A)  an employee absence;

 4-4                       (B)  a temporary skill shortage;

 4-5                       (C)  a seasonal workload; or

 4-6                       (D)  a special assignment or project.

 4-7                 (15)  "Person" means an individual, association,

 4-8     corporation, organization, government or governmental subdivision

 4-9     or agency, business trust, estate trust, joint venture,

4-10     partnership, or other legal entity.

4-11           Sec. 91.002.  Rules.  (a)  The commissioner shall adopt rules

4-12     as necessary to administer this chapter[, including rules for the

4-13     form and content of a license issued under this chapter and a

4-14     notice required under Section 91.045].  These rules shall be

4-15     adopted in compliance with Article 6252-13a, Vernon's Texas Civil

4-16     Statutes.

4-17           (b)  Each [license holder] registrant is subject to this

4-18     chapter and the rules adopted by the commissioner.

4-19           (c)  Notwithstanding any other provision of this chapter,

4-20     nothing in this [This] chapter [does not] preempts the existing

4-21     statutory or rulemaking authority of any other state agency or

4-22     entity to regulate staff leasing services in a manner consistent

4-23     with the statutory authority of that state agency or entity.

4-24           SECTION 2.  Subchapter B, Chapter 91, Labor Code, is amended

4-25     to read as follows:

4-26           Sec. 91.011.  [LICENSE] REGISTRATION REQUIRED.  (a)  A person

4-27     may not engage in or offer staff leasing services in this state

4-28     without [unless the person holds a license issued] registering

4-29     under this chapter.

4-30           Sec. 91.012.  GENERAL [LICENSE] REGISTRATION REQUIREMENTS.

 5-1     (a)  To be qualified to serve as a controlling person of a [license

 5-2     holder] registrant under this chapter, that person must be at least

 5-3     18 years of age, be of good moral character, and have educational,

 5-4     managerial, or business experience relevant to:

 5-5                 (1)  operation of a business entity offering staff

 5-6     leasing services; or

 5-7                 (2)  service as a controlling person of a staff leasing

 5-8     services company.

 5-9           [(b)  For purposes of this section, "good moral character"

5-10     means a personal history of honesty, trustworthiness, fairness, a

5-11     good reputation for fair dealing, and respect for the rights of

5-12     others and for the laws of this state and nation.]

5-13           [Sec. 91.013.  BACKGROUND INVESTIGATIONS.  (a)  The

5-14     department shall conduct a thorough background investigation of

5-15     each individual applicant and of each controlling person of each

5-16     applicant to determine whether that applicant or controlling person

5-17     is qualified under this chapter.  The department may deny an

5-18     application for the issuance or renewal of a license if the

5-19     department finds that a controlling person is not qualified under

5-20     this chapter.  The investigation must include:]

5-21                 [(1)  the submission of fingerprints for processing

5-22     through appropriate local, state, and federal law enforcement

5-23     agencies; and]

5-24                 [(2)  examination by the department of police or other

5-25     law enforcement records maintained by local, state, or federal law

5-26     enforcement agencies.]

5-27           [(b)  Department background investigations are governed by

5-28     this chapter, Section 411.122, Government Code, and Article

5-29     6252-13c, Revised Statutes, and by Sections 2 through 5, Chapter

5-30     267, Acts of the 67th Legislature, Regular Session, 1981 (Article

 6-1     6252-13d, Vernon's Texas Civil Statutes).  Conviction of a crime

 6-2     does not automatically disqualify a controlling person, require the

 6-3     revocation of a license, or require the denial of an application

 6-4     for a new or renewed license.  The department shall consider

 6-5     criminal convictions as provided by Section 411.122, Government

 6-6     Code, Article 6252-13c, Revised Statutes, and Sections 2 through 5,

 6-7     Chapter 267, Acts of the 67th Legislature, Regular Session, 1981

 6-8     (Article 6252-13d, Vernon's Texas Civil Statutes).]

 6-9           [Sec. 91.014.  NET WORTH REQUIREMENTS.  (a)  An applicant for

6-10     an original or renewal license must demonstrate a net worth as

6-11     follows:]

6-12                 [(1)  $50,000 if the applicant employs fewer than 250

6-13     assigned employees;]

6-14                 [(2)  $75,000 if the applicant employs at least 250 but

6-15     not more than 750 assigned employees; and]

6-16                 [(3)  $100,000 if the applicant employs more than 750

6-17     assigned employees.]

6-18           [(b)  The applicant may demonstrate the applicant's net worth

6-19     to the department by providing the department with the applicant's

6-20     financial statement or a copy of the applicant's most recent

6-21     federal tax return.  The applicant may also satisfy the net worth

6-22     requirement through guarantees, letters of credit, or other

6-23     security acceptable to the department.  A guaranty is not

6-24     acceptable to satisfy this subsection unless the applicant submits

6-25     sufficient evidence to satisfy the department that the guarantor

6-26     has adequate resources to satisfy the obligations of the guaranty.]

6-27           [(c)  In computing net worth, an applicant shall include

6-28     adequate reserves for all taxes and insurance, including reserves

6-29     for claims incurred but not paid and for claims incurred but not

6-30     reported under plans of self-insurance for health benefits.  The

 7-1     computation of net worth by an applicant is to be made according to

 7-2     Section 448, Internal Revenue Code (26 U.S.C. Section 448).]

 7-3           [(d)  A document submitted to establish net worth must show

 7-4     the net worth on a date not earlier than six months before the date

 7-5     on which the application is submitted.  A document submitted to

 7-6     establish net worth must be prepared or certified by an independent

 7-7     certified public accountant.  Information supplied about net worth,

 7-8     including copies of federal tax returns, is proprietary and

 7-9     confidential and is exempt from disclosure to persons other than

7-10     other governmental agencies having a reasonable, legitimate purpose

7-11     for obtaining the information.]

7-12           Sec. 91.015.  [LICENSE] REGISTRATION APPLICATION.  (a)  To

7-13     receive a staff leasing services company original or renewal

7-14     [license] Certificate of Registration, a person must file with the

7-15     department a written application accompanied by the application

7-16     fee.

7-17           [(b)  The department may require an applicant for a license

7-18     to provide information and certifications necessary to determine

7-19     that the applicant meets the licensing requirements of this

7-20     chapter.  The department may also require the applicant to provide

7-21     information and certifications necessary to determine whether

7-22     individuals affiliated with the applicant are qualified to serve as

7-23     controlling persons.]

7-24           [(c)  An applicant or license holder is ineligible for a

7-25     license for two years after the date of a final department action

7-26     on the denial or revocation of a license applied for or issued

7-27     under this chapter.  This restriction does not apply to a denial or

7-28     revocation of a license because of:]

7-29                 [(1)  an inadvertent error or omission in the

7-30     application if that error or omission is promptly corrected;]

 8-1                 [(2)  insufficient experience documented to the

 8-2     department at the time of the previous application; or]

 8-3                 [(3)  the inability of the department to complete the

 8-4     criminal background investigation required under Section 91.013

 8-5     because of insufficient information received from a local, state,

 8-6     or federal law enforcement agency.]

 8-7           [(d)  An applicant or license holder is ineligible for a

 8-8     license for one year after the date of a final department action on

 8-9     the denial or revocation of a license applied for or issued under

8-10     this chapter if the reason for the denial or revocation was that

8-11     one or more of the controlling persons affiliated with the

8-12     applicant or license holder was determined by the department to be

8-13     unsuitable and each unsuitable controlling person has in fact

8-14     ceased to be a controlling person of the applicant or license

8-15     holder.]

8-16           Sec. 91.016.  [LICENSE ISSUANCE; TERM] ISSUANCE AND TERM OF

8-17     CERTIFICATE OF REGISTRATION.  (a)  The department shall issue a

8-18     [license] certificate of registration to an applicant determined to

8-19     meet the requirements of this chapter.  [The department shall issue

8-20     the license not later than the 90th day after the date on which the

8-21     completed application is filed with the department.]

8-22           (b)  A [license] certificate of registration issued by the

8-23     department under this chapter is valid for [one] two year.  The

8-24     department shall renew a [license] certificate of registration on

8-25     receipt of a renewal application approved by the department and

8-26     payment of the required renewal fees.

8-27           Sec. 91.017.  Fees.  (a)  Each applicant for an original or

8-28     renewal staff leasing services company [license] certificate of

8-29     registration shall pay to the department on the issuance of the

8-30     [license] certificate of registration or [license] certificate of

 9-1     registration renewal a fee set by the commission by rule in an

 9-2     amount not to exceed [$3,000] $1,000.

 9-3           (b)  The commission is authorized to charge reasonable fees

 9-4     for [license] applications and renewals, [investigations,]

 9-5     inspections, and any other administrative or enforcement

 9-6     responsibilities created under this chapter.

 9-7           (c)  Fees collected by the department under this chapter

 9-8     shall be used to implement this chapter.

 9-9           Sec. 91.018.  [LICENSE] CERTIFICATE OF REGISTRATION NOT

9-10     ASSIGNABLE; CHANGE OF NAME OR LOCATION.  (a)  A [license holder]

9-11     registrant may not conduct business under any name other than that

9-12     specified in the [license] certificate of registration.  A

9-13     [license] certificate of registration issued under this chapter is

9-14     not assignable.  A [license holder] registrant may not conduct

9-15     business under any fictitious or assumed name without prior written

9-16     authorization from the department.  The department may not

9-17     authorize the use of a name that is so similar to that of a public

9-18     office or agency or to that of another [license holder] registrant

9-19     that the public may be confused or misled by the name's use.  A

9-20     [license holder] registrant may not conduct business under more

9-21     than one name unless the [license holder] registrant has obtained a

9-22     separate [license] certificate of registration for each name.

9-23           (b)  A [license holder] registrant may change the [license

9-24     holder's] registrant's [licensed] registered name at any time by

9-25     notifying the department and paying a fee for each change of name.

9-26     The commission by rule shall set the fee for a name change in an

9-27     amount not to exceed $50. A [license holder] registrant may change

9-28     the [license holder's] registrant's name on renewal of the

9-29     [license] certificate of registration without the payment of the

9-30     name change fee.

 10-1          (c)  A [license holder] registrant must notify the department

 10-2    in writing of:

 10-3                (1)  any change in the location of the [license

 10-4    holder's] registrant's primary business office;

 10-5                (2)  the addition of more business offices; or

 10-6                (3)  a change in the location of business records

 10-7    maintained by the [license holder].

 10-8          [Sec. 91.019.  LIMITED LICENSE.  (a)  The commissioner by

 10-9    rule shall provide for the issuance of a limited license for a

10-10    person who offers limited staff leasing services in this state and

10-11    is primarily engaged in offering staff leasing services in another

10-12    state.  The principal place of business of a person offering staff

10-13    leasing services and who applies for a license under this section

10-14    must be located in a state other than this state.]

10-15          [(b)  For purposes of this section, a person offers limited

10-16    staff leasing services if the person employs fewer than 20 assigned

10-17    employees.]

10-18          [(c)  A person offering limited staff leasing services must

10-19    comply with all provisions of this chapter with respect to those

10-20    services performed within this state.]

10-21          Sec. 91.020.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  The

10-22    department may take disciplinary action against a [license holder]

10-23    registrant on any of the following grounds:

10-24                (1)  being convicted or having a controlling person of

10-25    the [license holder] who is convicted of:

10-26                      (A)  bribery, fraud, or intentional or material

10-27    misrepresentation in obtaining, attempting to obtain, or renewing a

10-28    [license] certificate of registration;

10-29                      (B)  a crime that relates to the operation of a

10-30    staff leasing service or the ability of the [license holder]

 11-1    registrant or any controlling person of the [license holder]

 11-2    registrant to operate a staff leasing service;

 11-3                      (C)  a crime that relates to the classification,

 11-4    misclassification, or under-reporting of employees under Subtitle

 11-5    A, Title 5;

 11-6                      (D)  a crime that relates to the establishment or

 11-7    maintenance of a self-insurance program, whether health insurance,

 11-8    workers' compensation insurance, or other insurance; or

 11-9                      (E)  a crime that relates to fraud, deceit, or

11-10    misconduct in the operation of a staff leasing service;

11-11                (2)  [engaging] performing in staff leasing services

11-12    without a [license] certificate of registration;

11-13                (3)  transferring or attempting to transfer a [license]

11-14    certificate of registration issued under this chapter;

11-15                (4)  violating this chapter or any order or rule issued

11-16    by the department or commissioner under this chapter;

11-17                (5)  failing after the 31st day after the date on which

11-18    a felony conviction of a controlling person is final to notify the

11-19    department in writing of the conviction;

11-20                (6)  failing to cooperate with an investigation,

11-21    examination, or audit of the [license holder's] registrant's

11-22    records conducted by the [license holder's] registrant's insurance

11-23    company or the insurance company's designee, as allowed by the

11-24    insurance contract or as authorized by law by the Texas Department

11-25    of Insurance;

11-26                (7)  failing after the 31st day after the effective

11-27    date of a change in ownership, principal business address, or the

11-28    address of accounts and records to notify the department and the

11-29    Texas Department of Insurance of the change;

11-30                (8)  failing to correct any tax filings or payment

 12-1    deficiencies within a reasonable time as determined by the

 12-2    commissioner;

 12-3                (9)  refusing, after reasonable notice, to meet

 12-4    reasonable health and safety requirements within the [license

 12-5    holder's] registrant's control and made known to the [license

 12-6    holder] registrant by a federal or state agency;

 12-7                (10)  being delinquent in the payment of the [license

 12-8    holder's] registrant's insurance premiums other than those subject

 12-9    to a legitimate dispute;

12-10                (11)  being delinquent in the payment of any employee

12-11    benefit plan premiums or contributions other than those subject to

12-12    a legitimate dispute;

12-13                (12)  knowingly making a material misrepresentation to

12-14    an insurance company or to the department or other governmental

12-15    agency; or

12-16                [(13)  failing to maintain the net worth requirements

12-17    required under Section 91.014; or]

12-18                (14)  using staff leasing services to avert or avoid an

12-19    existing collective bargaining agreement.

12-20          (b)  For purposes of this section, "conviction" includes a

12-21    plea of nolo contendere or a finding of guilt, regardless of

12-22    adjudication.

12-23          Sec. 91.021.  Disciplinary Procedures; Reinstatement.

12-24    (a)  On a finding that a ground for disciplinary action exists

12-25    under one or more provisions of Section 91.020(a), the department

12-26    may:

12-27                (1)  deny an application for a [license] certificate of

12-28    registration;

12-29                (2)  revoke, restrict, or refuse to renew a [license]

12-30    certificate of registration;

 13-1                (3)  impose an administrative penalty in an amount not

 13-2    less than [$1,000] $500 for each violation, but not more than

 13-3    $50,000;

 13-4                (4)  issue a reprimand; or

 13-5                (5)  place the [license holder] registrant on probation

 13-6    for the period and subject to conditions that the department

 13-7    specifies.

 13-8          (b)  On revocation of a [license] certificate of

 13-9    registration, the [license holder] registrant shall immediately

13-10    return the revoked [license] certificate of registration to the

13-11    department.

13-12          (c)  Disciplinary action may be taken, an application for a

13-13    new or renewal [license] certificate of registration may be denied,

13-14    a [license] certificate of registration may be revoked, or a

13-15    determination that a controlling person is unqualified may be made

13-16    by the department only subject to Chapter 2001, Government Code,

13-17    with notice and an opportunity for hearing provided to the affected

13-18    applicant, [license holder] registrant, or controlling person.

13-19          (d)  If a [license] certificate of registration is revoked or

13-20    renewal is denied, the affected [license holder] registrant may

13-21    request a reinstatement hearing after a minimum of one year.  The

13-22    department may reinstate or renew the [license] certificate of

13-23    registration only if the cause of the revocation or nonrenewal has

13-24    been corrected.

13-25          SECTION 3.  Subchapter C, Chapter 91, Labor Code, is amended

13-26    to read as follows:

13-27          Sec. 91.031.  Agreement; Notice.  (a)  A [license holder]

13-28    registrant shall establish the terms of a staff leasing services

13-29    agreement by a written contract between the [license holder]

13-30    registrant and the client company.

 14-1          (b)  The [license holder] registrant shall give written

 14-2    notice of the agreement as it affects assigned employees to each

 14-3    employee assigned to a client company worksite.

 14-4          Sec. 91.032.  Contract Requirements.  (a)  A contract between

 14-5    a [license holder] registrant and a client company must provide

 14-6    that the [license holder]:

 14-7                [(1)  reserves the right of direction and control over

 14-8    employees assigned to a client's worksites;]

 14-9                (1) [(2)]  assumes responsibility for the payment of

14-10    wages to the assigned employees [without regard to payments by the

14-11    client to the license holder;]

14-12                (2) [(3)]  assumes administrative responsibility for

14-13    the payment of payroll taxes and collection of taxes from payroll

14-14    on assigned employees;

14-15                (3) [(4)  retains the]  reserves a right to hire, fire,

14-16    discipline, and reassign the assigned employees; and

14-17                (4) [(5)  retains the right of direction and control]

14-18    reserves a contractual right over the adoption of employment and

14-19    safety policies and the management of workers' compensation claims,

14-20    claim filings, and related procedures.

14-21          SECTION 4.  Subchapter D, Chapter 91, Labor Code, is amended

14-22    to read as follows:

14-23          Sec. 91.041.  Employee Benefit Plans; Required Disclosure;

14-24    Other Reports.  (a)  A [license holder] registrant may sponsor and

14-25    maintain employee benefit plans for the benefit of assigned

14-26    employees.  A client company may, but is not required to, include

14-27    assigned employees in any benefit plan, including workers'

14-28    compensation, sponsored by the client company.

14-29          (b)  Each [license holder] registrant shall disclose to the

14-30    department, each client company, and its assigned employees

 15-1    information relating to any insurance or benefit plan provided for

 15-2    the benefit of its assigned employees.  The information must

 15-3    include:

 15-4                (1)  the type of coverage;

 15-5                (2)  the identity of each insurer for each type of

 15-6    coverage;

 15-7                (3)  the amount of benefits provided for each type of

 15-8    coverage and to whom or in whose behalf benefits are to be paid;

 15-9                (4)  the policy limits on each insurance policy; and

15-10                (5)  whether the coverage is fully insured, partially

15-11    insured, or fully self-funded.

15-12          (c)  The commissioner by rule may require a [license holder]

15-13    registrant to file other reports that are reasonably necessary for

15-14    the implementation of this chapter.

15-15          Sec. 91.042.  Workers' Compensation Insurance.  (a)  A

15-16    [license holder] registrant may elect to obtain workers'

15-17    compensation insurance coverage for the [license holder's]

15-18    registrant's assigned employees through an insurance company as

15-19    defined under Section 401.011(28) or through self-insurance as

15-20    provided under Chapter 407.

15-21          (b)  If a [license holder] registrant maintains a policy of

15-22    workers' compensation insurance provided by the Texas Workers'

15-23    Compensation Insurance Fund, the [license holder] registrant shall

15-24    pay workers' compensation insurance premiums based on the

15-25    experience rating of the client company for the first two years the

15-26    client company has a contract with the [license holder] registrant

15-27    and as further provided by rule by the Texas Department of

15-28    Insurance.

15-29          (c)  [For workers' compensation insurance purposes, a license

15-30    holder and the license holder's client company shall be

 16-1    coemployers.]  If a [license holder] registrant elects to obtain

 16-2    workers' compensation insurance, the client company and the

 16-3    [license holder] registrant are subject to Sections 406.034 and

 16-4    408.001.  Accordingly, the client company is afforded the same

 16-5    protection of exclusive remedy as the registrant.

 16-6          (d)  If a [license holder] registrant does not elect to

 16-7    obtain workers' compensation insurance, both the [license holder]

 16-8    registrant and the client company are subject to Sections 406.004

 16-9    and 406.033, except when a client company elects to obtain a

16-10    workers' compensation policy on its own employees not assigned by

16-11    the registrant.  Any policy of workers' compensation issued to the

16-12    client company for its own employees shall cover only those

16-13    employees and shall not extend to those employees assigned to the

16-14    client company by the registrant.

16-15          (e)  After the expiration of the two-year period under

16-16    Subsection (b), if the client company obtains a new workers'

16-17    compensation insurance policy provided by the Texas Workers'

16-18    Compensation Insurance Fund in the company's own name or adds the

16-19    company's former assigned workers to an existing policy, the

16-20    premium for the workers' compensation insurance policy of the

16-21    company shall be based on the lower of:

16-22                (1)  the experience modifier of the company before

16-23    entering into the staff leasing arrangement; or

16-24                (2)  the experience modifier of the [license holder]

16-25    registrant's at the time the staff leasing arrangement terminated.

16-26          (f)  On request, the Texas Department of Insurance shall

16-27    provide the necessary computations to the prospective workers'

16-28    compensation insurer of the client company to comply with

16-29    Subsection (e).

16-30          Sec. 91.043.  Health Benefit Plans.  (a)  A [license holder]

 17-1    registrant may not sponsor a plan of self-insurance for health

 17-2    benefits [except as permitted by the Employee Retirement Income

 17-3    Security Act of 1974 (29 U.S.C. Section 1001 et seq.)].

 17-4          (b)  For purposes of this section, a "plan of self-insurance"

 17-5    includes any arrangement except an arrangement under which an

 17-6    insurance carrier authorized to do business in this state has

 17-7    issued an insurance policy that covers all of the obligations of

 17-8    the health benefits plan.

 17-9          Sec. 91.044.  Unemployment Taxes; Payroll.  (a)  A [license

17-10    holder] registrant is the employer of an assigned employee for

17-11    purposes of Subtitle A, Title 4, Vernon's Texas Civil Statutes,

17-12    Labor Code, Section 201.001 et seq., and Chapter 61.  In addition

17-13    to any other reports required to be filed by law, a [license

17-14    holder] registrant shall report quarterly to the Texas Employment

17-15    Commission on a form prescribed by the Texas Employment Commission

17-16    the name, address, telephone number, federal income tax

17-17    identification number, and classification code as described in the

17-18    "Standard Industrial Classification Manual" published by the United

17-19    States Office of Management and Budget of each client company.

17-20          (b)  On contracting with a client company, a [license holder]

17-21    registrant shall notify the Texas Employment Commission of the

17-22    contract.  The notification shall be made in the form prescribed by

17-23    the Texas Employment Commission.

17-24          (c)  For purposes of Subtitle A, Title 4, in the event of the

17-25    termination of a contract between a [license holder] registrant and

17-26    a client company or the failure by a staff leasing entity to submit

17-27    reports or make tax payments as required by that subtitle, the

17-28    contracting client company shall be treated as a new employer

17-29    without a previous experience record unless that client company is

17-30    otherwise eligible for an experience rating.

 18-1          (d)  Confidentiality

 18-2          Sec. 91.045.  Posting Requirements.  (a)  Each [license

 18-3    holder] registrant shall post in a conspicuous place in the

 18-4    [license holder's] registrant's principal place of business in this

 18-5    state the [license] certificate of registration issued under this

 18-6    chapter.

 18-7          (b)  Each [license holder] registrant shall display, in a

 18-8    place that is in clear and unobstructed public view, a notice

 18-9    stating that the business operated at the location is [licensed]

18-10    registered and regulated by the department and that any questions

18-11    or complaints should be directed to the department.

18-12          (c)  The Commissioner by rule shall determine the form and

18-13    content of the certificate of registration issued under this

18-14    chapter and the notices required to be posted under this section.

18-15          Sec. 91.046.  Contractual Duties.  Each [license holder]

18-16    registrant is responsible for the [license holder's] registrant's

18-17    contractual duties and responsibilities to manage, maintain,

18-18    collect, and make timely payments for:

18-19                (1)  insurance premiums;

18-20                (2)  benefit and welfare plans;

18-21                (3)  other employee withholding; and

18-22                (4)  any other expressed responsibility within the

18-23    scope of the contract for fulfilling the duties imposed under this

18-24    section and Sections 91.032, 91.047, and 91.048.

18-25          Sec. 91.047.  Compliance with Other Laws.  Each [license

18-26    holder] registrant shall comply with all appropriate state and

18-27    federal laws relating to reporting, sponsoring, filing, and

18-28    maintaining benefit and welfare plans.

18-29          Sec. 91.048.  Required Information.  Each [license holder]

18-30    registrant shall:

 19-1                (1)  maintain adequate books and records regarding the

 19-2    license holder's duties and responsibilities;

 19-3                (2)  maintain and make available at all times to the

 19-4    commissioner the following information, which shall be treated as

 19-5    proprietary and confidential and is exempt from disclosure to

 19-6    persons other than other governmental agencies having a reasonable,

 19-7    legitimate purpose for obtaining the information:

 19-8                      (A)  the correct name, address, and telephone

 19-9    number of each client company;

19-10                      (B)  each client company contract; and

19-11                      (C)  a listing by classification code as

19-12    described in the "Standard Industrial Classification Manual"

19-13    published by the United States Office of Management and Budget of

19-14    each client company;

19-15                (3)  notify the department of any addition or deletion

19-16    of a controlling person as listed on the [license] certificate of

19-17    registration application or renewal form by providing the name of

19-18    the person not later than the 30th day after the date on which the

19-19    person is added or deleted as a controlling person; and

19-20                (4)  provide a notarized biographical history to the

19-21    department in connection with the addition of a new controlling

19-22    person.

19-23          Sec. 91.049.  Agent for Service of Process.  Each [license

19-24    holder] registrant shall maintain a registered agent for the

19-25    service of process in this state.

19-26          SECTION 5.  Subchapter E, Chapter 91, Labor Code, is amended

19-27    to read as follows:

19-28          Sec. 91.061.  Prohibited Acts.  A person may not:

19-29                (1)  [engage in] perform staff leasing services without

19-30    holding a [license] certificate of registration under this chapter

 20-1    as a staff leasing services company;

 20-2                (2)  use the name or title "staff leasing company,"

 20-3    "employee leasing company," "[licensed] registered staff leasing

 20-4    company," or "staff leasing services company" or otherwise

 20-5    represent that the entity is [licensed] registered under this

 20-6    chapter unless the entity holds a [license] certificate of

 20-7    registration issued under this chapter;

 20-8                (3)  represent as the person's own the [license]

 20-9    certificate of registration of another person or represent that a

20-10    person is [licensed] registered if the person does not hold a

20-11    [license] certificate of registration;

20-12                (4)  give materially false or forged evidence to the

20-13    department in connection with obtaining or renewing a [license]

20-14    certificate of registration or in connection with disciplinary

20-15    proceedings under this chapter; or

20-16                (5)  use or attempt to use a [license] certificate of

20-17    registration that has expired or been revoked.

20-18          Sec. 91.062.  Action by Attorney General.  (a)  The

20-19    commissioner may notify the attorney general of a violation of this

20-20    chapter.  The attorney general may apply to a district court in

20-21    Travis County for permission to file for quo warranto relief,

20-22    injunctive relief, or both.

20-23          (b)  The attorney general may not be required to post a bond

20-24    for injunctive relief under this section.

20-25          Sec. 91.063.  Criminal Penalty.  (a)  A person who violates

20-26    Section 91.061 commits an offense.

20-27          (b)  An offense under this section is a Class A misdemeanor.

20-28          SECTION 6.  This Act takes effect September 1, 1997.

20-29          SECTION 7.  The importance of this legislation and the

20-30    crowded condition of the calendars in both houses create an

 21-1    emergency and an imperative public necessity that the

 21-2    constitutional rule requiring bills to be read on three several

 21-3    days in each house be suspended, and this rule is hereby suspended.