Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,826
6747-6996 p. ; 28 cm.View a full description of this periodical.
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The following words and terms, as used in this chapter and Texas Labor
Code, Chapter 91, have the following meanings, unless the context
clearly indicates otherwise.
(1) Department--Texas Department of Licensing and Reg-
ulation.
(2) Offering to Perform--Making a written or oral proposal,
contracting in writing or orally to perform professional employer ser-
vices, or advertising in any form through any medium that a person or
business entity is a professional employer organization, or that implies
in any way that a person or business entity is available to enter into a
professional employer services agreement.
(3) PEO--Professional Employer Organization.
(4) [(2)] Person--Any individual, partnership, corporation,
or any other business entity.
(5) [(-3)] The Code--The Texas Labor Code, Chapter 91.
72.20. License Requirements--Full License.
(a) Any person who performs or offers to perform PEO [staff
leasing] services as defined by the Code, must be licensed with the
department.
(b) To obtain an original PEO [staff leasing services] license, a
person must provide the department with all of the following required
information, on forms prescribed by the executive director:
(1) a completed registration form, including any applicable
attachments or application forms;
(2) a completed personal information form from each con-
trolling person as defined in Texas Labor Code 91.001(7);
(3) fingerprint cards for the applicant and any controlling
persons;
(4) a completed criminal history questionnaire, as applica-
ble;
(5) documentation from the Texas Secretary of State rec-
ognizing the person's authority to do business in this state;
(6) proof of positive working capital as described under
72.40; and
(7) the required fees.
(c) Each individual applicant and all controlling persons must
pass a background investigation that includes:
(1) A comparison of the person's fingerprints by appropri-
ate state or federal law enforcement agencies with fingerprints on file;
and
(2) A criminal history check with appropriate state and fed-
eral law enforcement agencies.
(d) Falsification of a required document by the applicant is
grounds for denial and/or revocation of license.
(e) Falsification of documentation provided by a controlling
person disqualifies that person from serving as a controlling person on
the PEO [staff leasing services company].
72.21. License Renewal Requirements--Full License.
(a) In order for a PEO [staff leasing services company] to con-
tinue operating in this state, a license must be renewed annually.
(b) Non-receipt of a license renewal notice from the depart-
ment does not exempt a person from any requirements of this chapter.(c) To renew a PEO [staff leasing services] license, a person
must provide the department with all of the following required infor-
mation, on forms prescribed by the executive director:
(1) a completed registration form, including any applicable
attachments or application forms;
(2) a completed personal information form from each con-
trolling person as defined in Texas Labor Code 91.001(7), or a form
indicating there has been no change in the personal information form
since the previous license application or renewal from each controlling
person;
(3) fingerprint cards for any new controlling persons;
(4) a completed criminal history questionnaire, as applica-
ble;
(5) proof of positive working capital as described under
72.40; and
(6) the required fees.
(d) Each individual applicant and all controlling persons of the
PEO [staff leasing service eempany] must submit to a background in-
vestigation as described in 72.20(c) each year at the time of renewal.
(e) Falsification of a required document by the applicant is
grounds for denial and/or revocation of license.
(f) Falsification of documentation provided by a controlling
person disqualifies that person from serving as a controlling person on
the PEO [staff leasing services company].
(g) The department may refuse to renew a registration if the
applicant or a controlling person of the applicant has violated Texas
Labor Code, Chapter 91, this chapter, or a rule or an order issued by
the commission or executive director.
72.22. License Requirements--Limited License.
(a) To qualify for a limited license, a person at all times must:
(1) employ less than 50 covered [assigned] employees in
this state at any one time;
(2) not assign covered employees to client companies that
are based or domiciled in the state;
(3) not maintain an office in this state; and
(4) not solicit client companies located or domiciled in this
state.
(b) A person applying for a limited license must provide the
department with all of the following required information, on forms
prescribed by the executive director:
(1) a completed registration form, including any applicable
attachments or application forms;
(2) a completed personal information form from each con-
trolling person as defined in Texas Labor Code 91.001(7);
(3) a completed criminal history questionnaire, as applica-
ble;
(4) proof of current licensure as a PEO [staff leasing ser-
vies company], in good standing, if licensed in another state;
(5) documentation from the Texas Secretary of State rec-
ognizing the person's authority to do business in this state;
(6) proof of positive working capital as described under
72.40; and
(7) the required fees.38 TexReg 6826 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/80/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.