1-1     By:  Haggerty (Senate Sponsor - Patterson)            H.B. No. 1465

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 11, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the regulation of staff leasing services companies;

 1-9     providing penalties.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 91.001, Labor Code, is amended to read as

1-12     follows:

1-13           Sec. 91.001.  DEFINITIONS.  In this chapter:

1-14                 (1)  "Applicant" means a business entity applying for a

1-15     license or the renewal of a license under this chapter.

1-16                 (2)  "Assigned employee" means an [a full-time]

1-17     employee under a staff leasing services arrangement  [whose normal

1-18     work week is at least 25 hours and] whose work is performed in this

1-19     state.  The term does not include an employee hired to support or

1-20     supplement a client company's work force in a special work

1-21     situation, including:

1-22                       (A)  an employee absence;

1-23                       (B)  a temporary skill shortage;

1-24                       (C)  a seasonal workload; or

1-25                       (D)  a special assignment or project.

1-26                 (3)  "Client company" means a person that contracts

1-27     with a license holder and is assigned employees by the  license

1-28     holder under that contract.

1-29                 (4)  "Commission" means the Texas Commission of

1-30     Licensing and Regulation.

1-31                 (5)  "Commissioner" means the commissioner of licensing

1-32     and regulation.

1-33                 (6)  "Common ownership" means a direct or indirect

1-34     ownership interest in excess of 33-1/3 percent.  The term includes

1-35     ownership through subsidiaries or affiliates.

1-36                 (7)  "Controlling person" means an individual who:

1-37                       (A)  possesses direct or indirect control of 25

1-38     percent [an officer or director of a corporation that offers or

1-39     proposes to offer staff leasing services, a shareholder holding 10

1-40     percent] or more of the voting securities [stock] of a corporation

1-41     that offers or proposes to offer staff leasing services [, or a

1-42     partner of a partnership that offers or proposes to offer staff

1-43     leasing services]; [or]

1-44                       (B)  possesses the authority to set policy and

1-45     direct management of a company that offers or proposes to offer

1-46     staff leasing services; or

1-47                       (C)  is employed, appointed, or authorized by a

1-48     company that offers or proposes to offer staff leasing services to

1-49     enter into a contract with a client company on behalf of the

1-50     company [an individual who directly or indirectly has the power to

1-51     direct or cause the direction of the management or policies of a

1-52     company that offers or proposes to offer staff leasing services

1-53     through:]

1-54                             [(i)  the ownership of voting securities;]

1-55                             [(ii)  contract; or]

1-56                             [(iii)  another means].

1-57                 (8) [(7)]  "Department" means the Texas Department of

1-58     Licensing and Regulation.

1-59                 (9)  "Governmental entity" means this state, or an

1-60     agency, county, or municipality of this state.

1-61                 (10) [(8)]  "Independent contractor" means a person who

1-62     contracts to perform work or provide a service for  the benefit of

1-63     another and who:

1-64                       (A)  is paid by the job, not by the hour or some

 2-1     other time-measured basis;

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

 2-3     person desires and to determine what each helper will be paid; and

 2-4                       (C)  is free to work for other contractors, or to

 2-5     send helpers to work for other contractors, while under contract to

 2-6     the hiring employer.

 2-7                 (11) [(9)]  "License holder" means a person licensed

 2-8     under this chapter to provide staff leasing services.

 2-9                 (12)  "Net worth" of an applicant means the applicant's

2-10     assets minus the applicant's liabilities, as shown on the

2-11     applicant's financial statement or most recent federal tax return,

2-12     plus the sum of any guarantees, letters of credit, or securities

2-13     that may be submitted to the department.

2-14                 (13)  "Offer" means a proposal for acceptance or

2-15     rejection that is made in such a form that the promises or

2-16     performance to be rendered by each party are reasonably certain.

2-17                 (14) [(10)  "Public company" means a corporation whose

2-18     shares are listed on the New York Stock  Exchange and that has

2-19     total assets that exceed $1 billion.]

2-20                 [(11)]  "Staff leasing services" means an arrangement

2-21     by which employees of a license holder are assigned to work at a

2-22     client company and in which employment responsibilities are in fact

2-23     shared by the license holder and the client company, the employee's

2-24     assignment is intended to be of a long-term or continuing nature,

2-25     rather than temporary or seasonal in nature, and a majority of the

2-26     work force at a client company worksite or a specialized group

2-27     within that work force consists of assigned employees of the

2-28     license holder.  The term does not include:

2-29                       (A)  [a] temporary help [service];

2-30                       (B)  an independent contractor;

2-31                       (C)  the provision of services that otherwise

2-32     meet the definition of "staff leasing services" by one person

2-33     solely to other persons who are related to the service provider by

2-34     common ownership [a public company or any other person in which

2-35     that public company has a direct or indirect ownership interest in

2-36     excess of 33-1/3 percent, including ownership through subsidiaries

2-37     and affiliates]; or

2-38                       (D)  a temporary common worker employer as

2-39     defined by Chapter 92.

2-40                 (15) [(12)]  "Staff leasing services company" means a

2-41     business entity that offers staff leasing services.

2-42                 [(13)  "Temporary employee" means an employee hired for

2-43     a temporary help service.]

2-44                 (16) [(14)]  "Temporary help [service]" means an

2-45     arrangement by which an organization hires its own employees and

2-46     assigns them to a client to support or supplement the client's work

2-47     force in a special work situation, including:

2-48                       (A)  an employee absence;

2-49                       (B)  a temporary skill shortage;

2-50                       (C)  a seasonal workload; or

2-51                       (D)  a special assignment or project.

2-52           SECTION 2.  Sections 91.002(a) and (c), Labor Code, are

2-53     amended to read as follows:

2-54           (a)  The commissioner shall adopt rules as necessary to

2-55     administer this chapter[, including rules for the form and content

2-56     of a license issued under this chapter and a notice required under

2-57     Section 91.045].

2-58           (c)  Notwithstanding any other provision of this chapter,

2-59     nothing in this [This]  chapter preempts [does not preempt] the

2-60     existing statutory or rulemaking authority of any other state

2-61     agency or entity to regulate staff leasing services in a manner

2-62     consistent with the statutory authority of that state agency or

2-63     entity.

2-64           SECTION 3.  Section 91.003(b), Labor Code, is amended to read

2-65     as follows:

2-66           (b)  In particular, the Texas Workforce [Employment]

2-67     Commission, the Texas Department of Insurance, the Texas Workers'

2-68     Compensation Commission, and the attorney general's office shall

2-69     assist in the implementation of this chapter and shall provide

 3-1     information to the department on request.

 3-2           SECTION 4.  Section 91.004, Labor Code, is amended by adding

 3-3     Subsection (c) to read as follows:

 3-4           (c)  A license holder is not engaged in the unauthorized

 3-5     practice of an occupation, trade, or  profession that is licensed,

 3-6     certified, or otherwise regulated by a governmental entity solely

 3-7     by entering into a staff leasing agreement with a client company

 3-8     and assigned employees.

 3-9           SECTION 5.  Section 91.012, Labor Code, is amended to read as

3-10     follows:

3-11           Sec. 91.012.  GENERAL LICENSE REQUIREMENTS.  [(a)]  To be

3-12     qualified to serve as a controlling  person of a license holder

3-13     under this chapter, that person must be at least 18 years of age[,

3-14     be of good moral character,] and have educational, managerial, or

3-15     business experience relevant to:

3-16                 (1)  operation of a business entity offering staff

3-17     leasing services; or

3-18                 (2)  service as a controlling person of a staff leasing

3-19     services company.

3-20           [(b)  For purposes of this section, "good moral character"

3-21     means a personal history of honesty, trustworthiness, fairness, a

3-22     good reputation for fair dealing, and respect for the rights of

3-23     others and for the laws of this state and nation.]

3-24           SECTION 6.  Section 91.013(a), Labor Code, is amended to read

3-25     as follows:

3-26           (a)  On receipt of an original application for a license, the

3-27     [The] department shall conduct a  thorough background investigation

3-28     of each individual applicant and of each controlling person of each

3-29     applicant to determine whether that applicant or controlling person

3-30     is qualified under this chapter.  The department may deny an

3-31     application for the issuance [or renewal] of a license if the

3-32     department finds that an applicant or a controlling person is not

3-33     qualified under  this chapter.  The investigation must include:

3-34                 (1)  the submission of fingerprints for processing

3-35     through appropriate local, state, and federal law enforcement

3-36     agencies; and

3-37                 (2)  examination by the department of police or other

3-38     law enforcement records maintained by local, state, or federal law

3-39     enforcement agencies.

3-40           SECTION 7.  Sections 91.014(b) and (d), Labor Code, are

3-41     amended to read as follows:

3-42           (b)  The applicant may demonstrate the applicant's net worth

3-43     to the department by providing the department  with the applicant's

3-44     financial statement or a copy of the applicant's most recent

3-45     federal tax return.  The applicant may also satisfy the net worth

3-46     requirement through guarantees, letters of credit, a bond in an

3-47     amount that demonstrates compliance with the requirements of

3-48     Subsection (a), or other security acceptable to the department.  A

3-49     guaranty is not acceptable to satisfy this subsection unless the

3-50     applicant submits sufficient evidence to satisfy the department

3-51     that the guarantor has adequate resources to satisfy the

3-52     obligations of the guaranty.

3-53           (d)  A document submitted to establish net worth must show

3-54     the net worth on a date not earlier than nine [six] months before

3-55     the date on which the application is submitted.  A document

3-56     submitted to establish net worth must be prepared or certified by

3-57     an independent certified public accountant.  Information submitted

3-58     to or maintained by the department is subject to Chapter 552,

3-59     Government Code,  other than information related to:

3-60                 (1)  identification of client companies;

3-61                 (2)  [supplied about] net worth;

3-62                 (3)  financial statements; or

3-63                 (4)  [, including copies of] federal tax returns[, is

3-64     proprietary and confidential and is exempt from disclosure to

3-65     persons other than other governmental agencies having a reasonable,

3-66     legitimate purpose for obtaining the information].

3-67           SECTION 8.  Section 91.015, Labor Code, is amended to read as

3-68     follows:

3-69           Sec. 91.015.  LICENSE APPLICATION.  (a)  To receive a staff

 4-1     leasing services company original  [or renewal] license, a person

 4-2     shall [must] file with the department a written application

 4-3     accompanied by the application fee.

 4-4           (b)  The department shall [may] require an applicant for a

 4-5     license to provide information [and certifications] necessary to

 4-6     determine that the applicant meets the licensing requirements of

 4-7     this chapter.  The department shall [may] also require the

 4-8     applicant to provide information [and certifications] necessary to

 4-9     determine whether individuals affiliated with the applicant are

4-10     qualified to serve as controlling persons.

4-11           (c)  Before denying a license application, the department

4-12     shall provide written notice to the applicant specifying the

4-13     reasons for the denial.  [An applicant or license holder is

4-14     ineligible for a license for two years after the date of a final

4-15     department action on the denial or revocation of a license applied

4-16     for or issued under this chapter.  This restriction does not apply

4-17     to a denial or revocation of a license because of:]

4-18                 [(1)  an inadvertent error or omission in the

4-19     application if that error or omission is promptly corrected;]

4-20                 [(2)  insufficient experience documented to the

4-21     department at the time of the previous application; or]

4-22                 [(3)  the inability of the department to complete the

4-23     criminal background investigation required under Section 91.013

4-24     because of insufficient information received from a local, state,

4-25     or federal law enforcement agency.]

4-26           (d)  An order of the department that denies, revokes, or

4-27     refuses to renew a license because of the alleged unsuitability  of

4-28     a controlling person must provide that the applicant or license

4-29     holder may avoid the adverse action by removing that person as a

4-30     controlling person. Removal, demotion, or discharge of a

4-31     controlling person in response to an order of the department of the

4-32     alleged unsuitability of that controlling person is an affirmative

4-33     defense to any claim made by that individual based on the removal,

4-34     demotion, or discharge.  [An applicant or license holder is

4-35     ineligible for a license for one year after the  date of a final

4-36     department action on the denial or revocation of a license applied

4-37     for or issued under this chapter if the reason for the denial or

4-38     revocation was that one or more of the controlling persons

4-39     affiliated with the applicant or license holder was determined by

4-40     the department to be unsuitable and each unsuitable controlling

4-41     person has in fact ceased to be a controlling person of the

4-42     applicant or license holder.]

4-43           (e)  A controlling person who has been evaluated by the

4-44     department under this chapter is not required to be reevaluated if

4-45     that person changes the person's affiliation or employment from one

4-46     applicant or license holder to another applicant or license holder.

4-47           SECTION 9.  Section 91.016, Labor Code, is amended to read as

4-48     follows:

4-49           Sec. 91.016.  LICENSE ISSUANCE; TERM.  (a)  The department

4-50     shall issue a license to an applicant who the department determines

4-51     has met [determined to meet] the requirements of this chapter.  The

4-52     department shall notify an applicant of any deficiency in the

4-53     application not later than the 30th day after the date on which the

4-54     department receives the application forms.  The department shall

4-55     issue the license not later than the 90th day after the date on

4-56     which the completed application is filed with the department.

4-57           (b)  A license issued or renewed by the department under this

4-58     chapter is valid for two years from the date of the issuance or

4-59     renewal [one year].  The department shall renew a license on

4-60     receipt of a complete renewal application form [approved by the

4-61     department] and  payment of the license [required] renewal fee

4-62     [fees].

4-63           (c)  Each applicant or license holder shall disclose to the

4-64     department the addition of a new controlling person not later than

4-65     the 45th day after the date on which the person assumes the duties

4-66     of a controlling person. That person may serve as a controlling

4-67     person while the department is conducting any necessary

4-68     investigation.  If the department determines not to approve the new

4-69     controlling person, the department shall notify the applicant or

 5-1     license holder and that controlling person at least 20 days before

 5-2     taking action against the applicant or license holder.

 5-3           SECTION 10.  Section 91.017(a), Labor Code, is amended to

 5-4     read as follows:

 5-5           (a)  Each applicant for an original or renewal staff leasing

 5-6     services company license shall pay to the department before [on]

 5-7     the issuance of the license or license renewal a fee set by the

 5-8     commission by rule in an amount not to exceed $6,000 for the

 5-9     two-year license period [$3,000].

5-10           SECTION 11.  Section 91.018, Labor Code, is amended by adding

5-11     Subsections (d)-(f) to read as follows:

5-12           (d)  A license holder may amend the name specified in its

5-13     license to add a trade name, trademark,  service mark, or parent

5-14     company name.  An amendment made under this subsection must comply

5-15     with the requirements imposed under Subsection (a).  The department

5-16     may charge a fee not to exceed $50 for processing of such an

5-17     amendment.

5-18           (e)  A license holder offering staff leasing services in more

5-19     than one state may advertise in this state using the name of its

5-20     parent company or under a trade name, trademark, or service mark.

5-21     The trade name, trademark, service mark, or parent company name

5-22     must be listed on the license in addition to the licensed name used

5-23     by the license holder in this state.

5-24           (f)  Each written proposal provided to a prospective client

5-25     company and each contract between a license holder and a client

5-26     company or assigned employee shall clearly identify the name of the

5-27     license holder. A proposal or contract may also identify the trade

5-28     name, trademark, service mark, or parent company name of the

5-29     license holder.  A license holder may use written materials

5-30     including forms, benefit information, letterhead, and business

5-31     cards that bear only the trade name, trademark, service mark, or

5-32     parent company name of the license holder.

5-33           SECTION 12.  Section 91.019, Labor Code, is amended to read

5-34     as follows:

5-35           Sec. 91.019.  LIMITED LICENSE.  (a)  The commissioner by rule

5-36     shall provide for the  issuance of a limited license to [for] a

5-37     person who seeks to offer [offers] limited staff leasing services

5-38     in this state  and is domiciled [primarily engaged in offering

5-39     staff leasing services] in another state and licensed or registered

5-40     as a staff  leasing services company in the state in which the

5-41     person is domiciled.  [The principal place of business of a person

5-42     offering staff leasing services and who applies for a license under

5-43     this section must be located in a state other than this state.]

5-44           (b)  For purposes of this section, a staff leasing services

5-45     company is considered to be offering  [person offers] limited staff

5-46     leasing services if the staff leasing services company:

5-47                 (1)  [person] employs fewer than 50 [20] assigned

5-48     employees in this state at any one time;

5-49                 (2)  does not provide assigned employees to a client

5-50     company based or domiciled in this state; and

5-51                 (3)  does not maintain an office in this state or

5-52     solicit client companies located or domiciled in this state.

5-53           (c)  A staff leasing services company that offers [person

5-54     offering] limited staff leasing services shall  complete the

5-55     application forms and pay the fees for a limited license as

5-56     prescribed by the department. A limited license is valid for one

5-57     year from the date of issuance and may be renewed annually on

5-58     submission of a renewal application and payment of the required

5-59     fees [must comply with all provisions of this chapter with respect

5-60     to those services performed within this state].

5-61           (d)  The department may use information obtained from

5-62     regulatory agencies in other states in evaluating an applicant for

5-63     a limited license.

5-64           SECTION 13.  Section 91.020(a), Labor Code, is amended to

5-65     read as follows:

5-66           (a)  The department may take disciplinary action against a

5-67     license holder on any of the following grounds:

5-68                 (1)  being convicted or having a controlling person of

5-69     the license holder who is convicted of:

 6-1                       (A)  bribery, fraud, or intentional or material

 6-2     misrepresentation in obtaining, attempting to obtain, or renewing a

 6-3     license;

 6-4                       (B)  a crime that relates to the operation of a

 6-5     staff leasing service or the ability of the license holder or any

 6-6     controlling person of the license holder to operate a staff leasing

 6-7     service;

 6-8                       (C)  a crime that relates to the classification,

 6-9     misclassification, or under-reporting of employees under Subtitle

6-10     A, Title 5;

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

6-12     maintenance of a self-insurance program, whether health insurance,

6-13     workers' compensation insurance, or other insurance; or

6-14                       (E)  a crime that relates to fraud, deceit, or

6-15     misconduct in the operation of a staff leasing service;

6-16                 (2)  engaging in staff leasing services or offering to

6-17     engage in the provision of staff leasing services without a

6-18     license;

6-19                 (3)  transferring or attempting to transfer a license

6-20     issued under this chapter;

6-21                 (4)  violating this chapter or any order or rule issued

6-22     by the department or commissioner under this chapter;

6-23                 (5)  failing after the 31st day after the date on which

6-24     a felony conviction of a controlling person is final to notify the

6-25     department in writing of the conviction;

6-26                 (6)  failing to cooperate with an investigation,

6-27     examination, or audit of the license holder's records conducted by

6-28     the license holder's insurance company or the insurance company's

6-29     designee, as allowed by the insurance contract or as authorized by

6-30     law by the Texas Department of Insurance;

6-31                 (7)  failing after the 31st day after the effective

6-32     date of a change in ownership, principal business address, or the

6-33     address of accounts and records to notify the department and the

6-34     Texas Department of Insurance of the change;

6-35                 (8)  failing to correct any tax filings or payment

6-36     deficiencies within a reasonable time as determined by the

6-37     commissioner;

6-38                 (9)  refusing, after reasonable notice, to meet

6-39     reasonable health and safety requirements within the license

6-40     holder's control and made known to the license holder by a federal

6-41     or state agency;

6-42                 (10)  being delinquent in the payment of the license

6-43     holder's insurance premiums other than those subject to a

6-44     legitimate dispute;

6-45                 (11)  being delinquent in the payment of any employee

6-46     benefit plan premiums or contributions other than those subject to

6-47     a legitimate dispute;

6-48                 (12)  knowingly making a material misrepresentation to

6-49     an insurance company or to the department or other governmental

6-50     agency;

6-51                 (13)  failing to maintain the net worth requirements

6-52     required under Section 91.014; or

6-53                 (14)  using staff leasing services to avert or avoid an

6-54     existing collective bargaining agreement.              

6-55           SECTION 14.  Section 91.021, Labor Code, is amended to read

6-56     as follows:

6-57           Sec. 91.021.  SANCTIONS [DISCIPLINARY PROCEDURES;

6-58     REINSTATEMENT].  (a)  On a finding that a ground for disciplinary

6-59     action exists under one or more provisions of Section 91.020(a),

6-60     the department shall impose administrative sanctions as provided by

6-61     Section 17, Article 9100, Revised Statutes [may:]

6-62                 [(1)  deny an application for a license;]

6-63                 [(2)  revoke, restrict, or refuse to renew a license;]

6-64                 [(3)  impose an administrative penalty in an amount not

6-65     less than $1,000 for each violation, but not more than $50,000;]

6-66                 [(4)  issue a reprimand; or]

6-67                 [(5)  place the license holder on probation for the

6-68     period and subject to conditions that the department specifies].

6-69           (b)  On revocation of a license, the license holder shall

 7-1     immediately return the revoked license to the department.

 7-2           (c)  Disciplinary action may be taken, an application for a

 7-3     new or renewal license may be denied, a license may be revoked, or

 7-4     a determination that a controlling person is unqualified may be

 7-5     made by the department only subject to Chapter 2001, Government

 7-6     Code, with notice and an opportunity for hearing provided to the

 7-7     affected applicant, license holder, or controlling person.

 7-8           [(d)  If a license is revoked or renewal is denied, the

 7-9     affected license holder may request a reinstatement hearing after a

7-10     minimum of one year.  The department may reinstate or renew the

7-11     license only if the cause of the revocation or nonrenewal has been

7-12     corrected.]

7-13           SECTION 15.  Section 91.031, Labor Code, is amended by adding

7-14     Subsection (c) to read as follows:

7-15           (c)  The written notice required by Subsection (b) must be

7-16     given to each assigned employee not later than the first payday

7-17     after the date on which that individual becomes an assigned

7-18     employee.

7-19           SECTION 16.  Section 91.032, Labor Code, is amended to read

7-20     as follows:

7-21           Sec. 91.032.  CONTRACT REQUIREMENTS.  (a)  A contract between

7-22     a license holder and a client company  must provide that the

7-23     license holder:

7-24                 (1)  reserves a [the] right of direction and control

7-25     over employees assigned to a client's worksite [worksites];

7-26                 (2)  assumes responsibility for the payment of wages to

7-27     the assigned employees without regard to payment [payments] by the

7-28     client to the license holder;

7-29                 (3)  assumes responsibility for the payment of payroll

7-30     taxes and collection of taxes from payroll on assigned employees;

7-31                 (4)  retains a [the] right to hire, fire, discipline,

7-32     and reassign the assigned employees; and

7-33                 (5)  retains a [the] right of direction and control

7-34     over the adoption of employment and safety policies and the

7-35     management of workers' compensation claims, claim filings, and

7-36     related procedures.

7-37           (b)  Notwithstanding any other provision of this chapter, a

7-38     client company is responsible for the exercise of direction and

7-39     control over an assigned employee as necessary to conduct the

7-40     business of the client company and without which the client company

7-41     would be unable to:

7-42                 (1)  conduct its business;

7-43                 (2)  discharge any applicable fiduciary responsibility;

7-44     or

7-45                 (3)  comply with any applicable license requirement or

7-46     regulatory or statutory requirement.

7-47           (c)  A client company is solely responsible for:

7-48                 (1)  the goods and services produced by the client

7-49     company; and

7-50                 (2)  the acts or omissions of an employee assigned to

7-51     the client company.

7-52           SECTION 17.  Section 91.041(b), Labor Code, is amended to

7-53     read as follows:

7-54           (b)  With respect to any insurance or benefit plan provided

7-55     by a license holder for the benefit of its  assigned employees, a

7-56     [Each] license holder shall disclose the following information to

7-57     the department, each client company, and its  assigned employees

7-58     [information relating to any insurance or benefit plan provided for

7-59     the benefit of its assigned employees.  The information must

7-60     include]:

7-61                 (1)  the type of coverage;

7-62                 (2)  the identity of each insurer for each type of

7-63     coverage;

7-64                 (3)  the amount of benefits provided for each type of

7-65     coverage and to whom or in whose behalf benefits are to be paid;

7-66                 (4)  the policy limits on each insurance policy; and

7-67                 (5)  whether the coverage is fully insured, partially

7-68     insured, or fully self-funded.

7-69           SECTION 18.  Section 91.044, Labor Code, is amended to read

 8-1     as follows:

 8-2           Sec. 91.044.  UNEMPLOYMENT TAXES; PAYROLL.  (a)  A license

 8-3     holder is the employer of an assigned employee for purposes of

 8-4     Subtitle A, Title 4, and Chapter 61.  In addition to any other

 8-5     reports required to be filed by law, a license holder shall report

 8-6     quarterly to the Texas Workforce [Employment] Commission on a form

 8-7     prescribed by the Texas Workforce [Employment] Commission the name,

 8-8     address, telephone number, federal income tax identification

 8-9     number, and classification code as described in the "Standard

8-10     Industrial Classification Manual" published by the United States

8-11     Office of Management and Budget of each client company.

8-12           (b)  [On contracting with a client company, a license holder

8-13     shall notify the Texas Employment Commission of the contract.  The

8-14     notification shall be made in the form prescribed by the Texas

8-15     Employment Commission.]

8-16           [(c)]  For purposes of Subtitle A, Title 4, in the event of

8-17     the termination of a contract between a license holder and a client

8-18     company or the failure by a staff leasing entity to submit reports

8-19     or make tax payments as required by that subtitle, the contracting

8-20     client company shall be treated as a new employer without a

8-21     previous experience record unless that client company is otherwise

8-22     eligible for an experience rating.

8-23           SECTION 19.  Section 91.048, Labor Code, is amended to read

8-24     as follows:

8-25           Sec. 91.048.  REQUIRED INFORMATION.  Each license holder

8-26     shall:

8-27                 (1)  maintain adequate books and records regarding the

8-28     license holder's duties and responsibilities;

8-29                 (2)  maintain and make available at all times to the

8-30     commissioner the following information, which shall be treated as

8-31     proprietary and confidential and is exempt from disclosure to

8-32     persons other than other governmental agencies having a reasonable,

8-33     legitimate purpose for obtaining the information:

8-34                       (A)  the correct name, address, and telephone

8-35     number of each client company;

8-36                       (B)  each client company contract; and

8-37                       (C)  a listing by classification code as

8-38     described in the "Standard Industrial Classification Manual"

8-39     published by the United States Office of Management and Budget, of

8-40     each client company;

8-41                 (3)  notify the department of any addition or deletion

8-42     of a controlling person as listed on the license application or

8-43     renewal form by providing the name of the person not later than the

8-44     45th [30th] day after the date on which the person is added or

8-45     deleted as a controlling person; and

8-46                 (4)  provide a [notarized] biographical history to the

8-47     department in connection with the addition of a new controlling

8-48     person.

8-49           SECTION 20.  Section 91.061, Labor Code, is amended to read

8-50     as follows:

8-51           Sec. 91.061.  PROHIBITED ACTS.  A person may not:

8-52                 (1)  engage in or offer staff leasing services without

8-53     holding a license under this chapter as a staff leasing services

8-54     company;

8-55                 (2)  use the name or title "staff leasing company,"

8-56     "employee leasing company," "licensed staff leasing company," [or]

8-57     "staff leasing services company," "professional employer

8-58     organization," or "administrative employer" or otherwise represent

8-59     that the  entity is licensed under this chapter unless the entity

8-60     holds a license issued under this chapter;

8-61                 (3)  represent as the person's own the license of

8-62     another person or represent that a person is licensed if the person

8-63     does not hold a license;

8-64                 (4)  give materially false or forged evidence to the

8-65     department in connection with obtaining or renewing a license or in

8-66     connection with disciplinary proceedings under this chapter; or

8-67                 (5)  use or attempt to use a license that has expired

8-68     or been revoked.

8-69           SECTION 21.  Subchapter C, Chapter 201, Labor Code, is

 9-1     amended by adding Section 201.030 to read as follows:

 9-2           Sec. 201.030.  STAFF LEASING SERVICES COMPANY.  For the

 9-3     purposes of this subtitle, "staff leasing services company" has the

 9-4     meaning assigned by Section 91.001.

 9-5           SECTION 22.  Section 207.045, Labor Code, is amended by

 9-6     adding Subsection (i) to read as follows:

 9-7           (i)  An assigned employee of a staff leasing services company

 9-8     is considered to have left the assigned employee's last work

 9-9     voluntarily without good cause connected with the work if the

9-10     assigned employee does not contact the staff leasing services

9-11     company for reassignment. An assigned employee is not considered to

9-12     have left work voluntarily without good cause connected with the

9-13     work under this subsection unless the assigned employee has been

9-14     advised:

9-15                 (1)  that the assigned employee is obligated to contact

9-16     the staff leasing services company on dismissal by a client

9-17     company; and

9-18                 (2)  the assigned employee may be denied unemployment

9-19     compensation benefits if the assigned employee fails to contact the

9-20     staff leasing services company as provided by Subdivision (1).

9-21           SECTION 23.  Chapter 91, Labor Code, as amended by this Act,

9-22     applies only to a staff leasing services company license that is

9-23     issued or renewed on or after the effective date of this Act.

9-24           SECTION 24.  Section 207.045, Labor Code, as amended by this

9-25     Act, applies only to a claim for unemployment compensation benefits

9-26     that is filed with the Texas Workforce Commission on or after the

9-27     effective date of this Act.  A claim filed before that date is

9-28     governed by the law in effect on the date that the claim was filed,

9-29     and the former law is continued in effect for that purpose.

9-30           SECTION 25.  This Act takes effect September 1, 1997.

9-31           SECTION 26.  The importance of this legislation and the

9-32     crowded condition of the calendars in both houses create an

9-33     emergency and an imperative public necessity that the

9-34     constitutional rule requiring bills to be read on three several

9-35     days in each house be suspended, and this rule is hereby suspended.

9-36                                  * * * * *