LABOR CODE
CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 92.001. PURPOSE. (a) The legislature finds that
this chapter is necessary to:
(1) provide for the health, safety, and welfare of
workers throughout this state; and
(2) establish uniform standards of conduct and
practice for certain employers in this state.
(b) This chapter shall be implemented in accordance with
these purposes.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) Repealed by Acts 2003, 78th Leg., ch. 816, §
16.004(1).
(3) "Common worker" means an individual who performs
labor involving physical tasks that do not require:
(A) a particular skill;
(B) training in a particular occupation, craft,
or trade; or
(C) practical knowledge of the principles or
processes of an art, science, craft, or trade.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(4-a) "Executive director" means the executive director of
the department.
(5) "Governmental subdivision" means a municipality,
county, special district, zone, authority, or other entity that is
chartered, created, or authorized by this state.
(6) "Labor hall" means a central location maintained
by a license holder where common workers assemble and are
dispatched to work for a user of common workers.
(7) "Temporary common worker employer" means a person
who provides common workers to a user of common workers. The term
includes a temporary common worker agent or temporary common worker
agency.
(8) "User of common workers" means a person who uses
the services of a common worker provided by a temporary common
worker employer.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.001,
16.004(1), eff. Sept. 1, 2003.
§ 92.003. AGENCY POWERS AND DUTIES. The department and
commission shall exercise the regulatory, administrative, and
licensing authority granted under this chapter as provided by
Chapter 51, Occupations Code.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 836, § 5, eff. June
14, 2001; Acts 2001, 77th Leg., ch. 1420, § 14.817, eff. Sept.
1, 2001.
§ 92.004. APPLICABILITY OF OTHER LAW. Section 51.405,
Occupations Code, does not apply to this chapter.
Added by Acts 2003, 78th Leg., ch. 816, § 16.002, eff. Sept. 1,
2003.
SUBCHAPTER B. LICENSE REQUIREMENTS
§ 92.011. LICENSE REQUIRED. A person may not operate as
a temporary common worker employer in this state unless the person
holds a license issued under this chapter for each location at which
the person operates.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.012. EXEMPTIONS FROM LICENSING REQUIREMENT. This
chapter does not apply to:
(1) a temporary skilled labor agency;
(2) a staff leasing services company;
(3) an employment counselor;
(4) a talent agency;
(5) a labor union hiring hall;
(6) a temporary common worker employer that does not
operate a labor hall;
(7) a labor bureau or employment office operated by a
person for the sole purpose of employing an individual for the
person's own use; or
(8) an employment service or labor training program
provided by a governmental entity.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.013. EFFECT OF OTHER REGULATION. (a) Except as
provided by Subsection (b), a license issued under this chapter
supersedes a license required or issued by a municipality or other
governmental subdivision of this state, and a license holder may
not be required to hold a license issued by a municipality or other
governmental subdivision of this state to operate as a temporary
common worker employer in the municipality or governmental
subdivision.
(b) A municipality with a population greater than 750,000
may establish municipal licensing requirements that impose
stricter standards than those imposed under Subchapter C.
(c) This chapter does not restrict the zoning authority of a
municipality.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.014. LICENSE APPLICATION AND ISSUANCE. (a) The
department shall issue a temporary common worker employer license
to a person who meets the application requirements established by
the executive director and pays the application and registration
fees set by the commission.
(b) A license issued under this chapter is valid throughout
this state and is not assignable or transferable.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, § 26.020, eff.
Sept. 1, 2003.
§ 92.015. LICENSE RENEWAL. (a) A license issued under
this chapter is valid for one year from the date of issuance and may
be renewed on payment of the required renewal fee.
(b) Repealed by Acts 2003, 78th Leg., ch. 816, §
16.004(2).
(c) Repealed by Acts 2003, 78th Leg., ch. 816, §
16.004(2).
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.004(2),
eff. Sept. 1, 2003.
SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER
§ 92.021. LICENSE HOLDER AS EMPLOYER. (a) Each
license holder is the employer of the common workers provided by
that license holder.
(b) A license holder may hire, reassign, control, direct,
and discharge the employees of the license holder.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.022. REQUIRED RECORDS;
CONFIDENTIALITY. (a) Each license holder shall maintain and make
available to a representative of the department records that show
for each common worker provided by the license holder to a user of
common workers:
(1) the name and address of the worker;
(2) the hours worked;
(3) the places at which the work was performed;
(4) the wages paid to the worker; and
(5) any deductions made from those wages.
(b) The license holder shall maintain the records at least
until the second anniversary of the date on which the worker was
last employed by the license holder.
(c) Information received by the commission or department
under this section is privileged and confidential and is for the
exclusive use of the commission or department. The information may
not be disclosed to any other person except on the entry of a court
order requiring disclosure or on the written consent of a person
under investigation who is the subject of the records.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, § 16.003, eff.
Sept. 1, 2003.
§ 92.023. POSTING OF CERTAIN INFORMATION. (a) Each
license holder shall post the license for a place of business at
which the license holder operates as a temporary common worker
employer in a conspicuous place on the licensed premises for
inspection.
(b) Each license holder shall also post in a conspicuous
place in the licensed premises a notice of any charge permitted
under this chapter that the license holder may assess against a
common worker for equipment, tools, transportation, or other
work-related services.
(c) For purposes of this section, "conspicuous place" means
a location that is in open view to the general public.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.024. LABOR HALL REQUIREMENTS. A license holder
that operates a labor hall as part of a licensed premises shall
provide adequate facilities for a worker waiting for a job
assignment. The facilities must include:
(1) restroom facilities for both men and women;
(2) drinking water;
(3) sufficient seating; and
(4) access to vending refreshments and food.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
§ 92.025. CERTAIN CHARGES AND DEDUCTIONS
PROHIBITED. (a) A license holder may not charge a common worker
for:
(1) safety equipment, clothing, or accessories
required by the nature of the work, either by law, custom, or the
requirements of the user of common workers;
(2) uniforms, special clothing, or other items
required as a condition of employment by the user of common workers;
(3) the cashing of a check or voucher; or
(4) the receipt by the worker of earned wages.
(b) A license holder may not deduct or withhold any amount
from the earned wages of a common worker except:
(1) a deduction required by federal or state law; or
(2) a reimbursement for a cash advance made to the
worker during the same pay period.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995.
SUBCHAPTER D. CRIMINAL PENALTY
§ 92.031. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly or intentionally violates:
(1) this chapter;
(2) a rule adopted under this chapter; or
(3) an administrative order adopted under this
chapter.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 76, § 9.20(a), eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 816, § 26.021, eff.
Sept. 1, 2003.
