State Codes and Statutes

Statutes > Texas > Labor-code > Title-2-protection-of-laborers > Chapter-92-temporary-common-worker-employers

LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE E. REGULATION OF CERTAIN OCCUPATIONS

CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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(2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(1).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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.001,

16.004(1), eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 5, eff.

June 14, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.817, eff.

Sept. 1, 2001.

Sec. 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, Sec. 16.002, eff. Sept.

1, 2003.

SUBCHAPTER B. LICENSE REQUIREMENTS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.020,

eff. Sept. 1, 2003.

Sec. 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, Sec. 16.004(2).

(c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(2).

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec.

16.004(2), eff. Sept. 1, 2003.

SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.003,

eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

SUBCHAPTER D. CRIMINAL PENALTY

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.021,

eff. Sept. 1, 2003.

State Codes and Statutes

Statutes > Texas > Labor-code > Title-2-protection-of-laborers > Chapter-92-temporary-common-worker-employers

LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE E. REGULATION OF CERTAIN OCCUPATIONS

CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.001,

16.004(1), eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 5, eff.

June 14, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.817, eff.

Sept. 1, 2001.

Sec. 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, Sec. 16.002, eff. Sept.

1, 2003.

SUBCHAPTER B. LICENSE REQUIREMENTS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.020,

eff. Sept. 1, 2003.

Sec. 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, Sec. 16.004(2).

(c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(2).

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec.

16.004(2), eff. Sept. 1, 2003.

SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.003,

eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

SUBCHAPTER D. CRIMINAL PENALTY

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.021,

eff. Sept. 1, 2003.


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State Codes and Statutes

Statutes > Texas > Labor-code > Title-2-protection-of-laborers > Chapter-92-temporary-common-worker-employers

LABOR CODE

TITLE 2. PROTECTION OF LABORERS

SUBTITLE E. REGULATION OF CERTAIN OCCUPATIONS

CHAPTER 92. TEMPORARY COMMON WORKER EMPLOYERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.001,

16.004(1), eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2001, 77th Leg., ch. 836, Sec. 5, eff.

June 14, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.817, eff.

Sept. 1, 2001.

Sec. 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, Sec. 16.002, eff. Sept.

1, 2003.

SUBCHAPTER B. LICENSE REQUIREMENTS

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.020,

eff. Sept. 1, 2003.

Sec. 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, Sec. 16.004(2).

(c) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(2).

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec.

16.004(2), eff. Sept. 1, 2003.

SUBCHAPTER C. POWERS AND DUTIES OF LICENSE HOLDER

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 16.003,

eff. Sept. 1, 2003.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995.

SUBCHAPTER D. CRIMINAL PENALTY

Sec. 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, Sec. 9.20(a), eff. Sept.

1, 1995. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.021,

eff. Sept. 1, 2003.


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