Title LA, Labor Code

Sec. 91.031. AGREEMENT; NOTICE. (a) A license holder shall establish the terms of a professional employer services agreement by a written contract between the license holder and the client. (b) The license holder shall give written notice of the agreement as it affects covered em…

Sec. 91.032. CONTRACT REQUIREMENTS. (a) A professional employer services agreement between a license holder and a client must provide that the license holder: (1) shares, as provided by Subsection (b), with the client the right of direction and control over covered employees; (2)…

Sec. 91.041. EMPLOYEE BENEFIT PLANS; REQUIRED DISCLOSURE; OTHER REPORTS. (a) A client and license holder are each considered an employer under the laws of this state for purposes of sponsoring retirement and welfare benefit plans for covered employees. (a-1) A license holder may …

Sec. 91.0411. SELF-FUNDED HEALTH BENEFIT PLAN. (a) In this section, "commissioner" means the commissioner of insurance. (b) A license holder may sponsor a benefit plan that is not fully insured if the license holder meets the requirements of this section and is approved to sponso…

Sec. 91.042. WORKERS' COMPENSATION INSURANCE; ADMINISTRATIVE VIOLATION. (a) A license holder or client may elect to obtain workers' compensation insurance coverage for covered employees through an insurance company as defined under Section 401.011(28) or through self-insurance as…

Sec. 91.044. UNEMPLOYMENT TAXES; PAYROLL. (a) A license holder is the employer of a covered employee for purposes of Subtitle A, Title 4, and, except for wages subject to Section 91.032(c), for purposes of Chapter 61. (a-1) A license holder may, in a calendar year during which an…

Sec. 91.045. POSTING REQUIREMENTS. (a) Each license holder shall post in a conspicuous place in the license holder's principal place of business in this state the license issued under this chapter. (b) Each license holder shall display, in a place that is in clear and unobstructe…

Sec. 91.046. CONTRACTUAL DUTIES. Each license holder is responsible for the license holder's contractual duties and responsibilities to manage, maintain, collect, and make timely payments for: (1) insurance premiums; (2) benefit and welfare plans; (3) other employee withholding; …

Sec. 91.047. COMPLIANCE WITH OTHER LAWS. Each license holder shall comply with all appropriate state and federal laws relating to reporting, sponsoring, filing, and maintaining benefit and welfare plans. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.

Sec. 91.048. REQUIRED INFORMATION. Each license holder shall: (1) maintain adequate books and records regarding the license holder's duties and responsibilities; (2) maintain and make available at all times to the executive director the following information, which shall be treat…

Sec. 91.049. AGENT FOR SERVICE OF PROCESS. Each license holder shall maintain a registered agent for the service of process in this state. Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.20(a), eff. Sept. 1, 1995.

Sec. 91.050. TAX CREDITS AND OTHER INCENTIVES. (a) For the purpose of determining tax credits, grants, and other economic incentives provided by this state or other governmental entities that are based on employment, covered employees are considered employees of the client and th…

Sec. 91.061. PROHIBITED ACTS. A person may not: (1) engage in or offer professional employer services without holding a license under this chapter as a professional employer organization; (2) use the name, title, or designation "professional employer organization," "PEO," "staff …

Sec. 91.062. ACTION BY ATTORNEY GENERAL. (a) The executive director may notify the attorney general of a violation of this chapter. The attorney general may apply to a district court in Travis County for permission to file for quo warranto relief, injunctive relief, or both. (b) …

Sec. 92.001. PURPOSE. (a) The legislature finds that this chapter is necessary to: (1) provide for the health, safety, and welfare of common workers throughout this state; and (2) establish uniform standards of conduct and practice for temporary common worker employers in this st…

Sec. 92.002. DEFINITIONS. In this chapter: (1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(1), eff. September 1, 2017. (2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 16.004(1). (3) "Common worker" means an individual who performs labor involving p…

Sec. 92.0115. AUTHORITY TO OPERATE. Subject to Section 92.013 and unless prohibited by a governmental subdivision, a person may operate as a temporary common worker employer in this state if the person meets the requirements of this chapter. Added by Acts 2017, 85th Leg., R.S., C…

Sec. 92.012. EXEMPTIONS. This chapter does not apply to: (1) a temporary skilled labor agency; (2) a professional employer organization; (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…

Sec. 92.013. EFFECT OF OTHER REGULATION. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(5), eff. September 1, 2017. (b) A municipality with a population greater than one million may establish municipal requirements that impose stricter standards of co…

Sec. 92.021. POWERS AND DUTIES OF EMPLOYER. (a) Each temporary common worker employer is the employer of the common workers provided by that temporary common worker employer. (b) A temporary common worker employer may hire, reassign, control, direct, and discharge the employees o…

Sec. 92.022. REQUIRED RECORDS; CONFIDENTIALITY. (a) Each temporary common worker employer shall maintain and make available to a governmental subdivision records that show for each common worker provided by the temporary common worker employer to a user of common workers: (1) the…

Sec. 92.023. POSTING OF CERTAIN INFORMATION. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.014(8), eff. September 1, 2017. (b) Each temporary common worker employer shall post in a conspicuous place in the premises on which the temporary common worker em…

Sec. 92.024. LABOR HALL REQUIREMENTS. A temporary common worker employer that operates a labor hall as part of a premises on which the temporary common worker employer operates shall provide adequate facilities for a worker waiting for a job assignment. The facilities must includ…

Sec. 92.025. CERTAIN CHARGES AND DEDUCTIONS PROHIBITED. (a) A temporary common worker employer 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 w…

Sec. 92.031. ENFORCEMENT. A governmental subdivision may enforce this chapter within the boundaries of the governmental subdivision. Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 7.013, eff. September 1, 2017.

Sec. 93.001. DEFINITIONS. In this chapter: (1) "Temporary employee" means an individual hired for a temporary employment service. (2) "Temporary employment service" means a person who employs individuals for the purpose of assigning those individuals to the clients of the service…

Sec. 93.002. PROHIBITION. A temporary employment service may not deny an application for, or placement in, a position of employment to an individual for the sole reason that the individual has not earned a high school diploma or graduate equivalency diploma unless the position of…

Sec. 93.003. NO CAUSE OF ACTION. This chapter does not create a private cause of action for any person or class of persons. Added by Acts 1997, 75th Leg., ch. 574, Sec. 1, eff. Sept. 1, 1997.

Sec. 93.004. WORKERS' COMPENSATION INSURANCE COVERAGE. (a) A certificate of insurance coverage showing that a temporary employment service maintains a policy of workers' compensation insurance constitutes proof of workers' compensation insurance coverage for the temporary employm…

Sec. 101.001. RIGHT TO ORGANIZE. All persons engaged in any kind of labor may associate and form trade unions and other organizations to protect themselves in their personal labor in their respective employment. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING EMPLOYMENT. (a) A person by peaceful and lawful means may induce or attempt to induce another to: (1) enter or refuse to enter a particular employment; or (2) quit a particular employment in which the other person is then engaged…

Sec. 101.003. RIGHT TO BARGAIN. A person's inherent right to work and to bargain freely with the person's employer, individually or collectively, for terms of the person's employment may not be denied or infringed by law or by any organization. Acts 1993, 73rd Leg., ch. 269, Sec.…

Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT. A contract that permits or requires the retention of part of an employee's compensation to pay dues or assessments on the employee's part to a labor union is void unles…

Sec. 101.051. DEFINITION. In this subchapter, "labor union" means an incorporated or unincorporated association, group, union, lodge, local, branch, or subordinate organization of a union of working persons organized and existing to protect those persons and to improve their work…

Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR UNION MEMBERSHIP PROHIBITED. A person may not be denied employment based on membership or nonmembership in a labor union. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION MEMBERSHIP VOID. A contract is void if it requires that, to work for an employer, employees or applicants for employment: (1) must be or may not be members of a labor union; or (2) must remain or may not remain members o…

Sec. 101.101. DEFINITIONS. In this subchapter: (1) "Enforcement officer" means the attorney general, district attorney, or county attorney. (2) "Labor organizer" means a person who for a financial consideration solicits membership in a labor union or members for a labor union. (3…

Sec. 101.102. LEGISLATIVE FINDINGS; POLICY. (a) The legislature finds that because the activities of labor unions affect the economic conditions of the country and the state by entering into almost all business and industrial enterprises, labor unions affect the public interest a…

Sec. 101.103. LIBERAL CONSTRUCTION. (a) This subchapter shall be liberally construed to: (1) achieve the purposes provided by Section 101.102; and (2) protect the rights of working persons to work and to organize for their mutual benefit in connection with their work. (b) This su…

Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS, ORGANIZERS, AND REPRESENTATIVES. (a) An officer, agent, organizer, or representative of a labor union must be elected by secret ballot and by majority vote of the members present and participating, except as provided by Subsec…

Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS, ORGANIZERS, AND REPRESENTATIVES. An election for labor union officers, agents, organizers, and representatives must be held at least once each year, except as provided by Section 101.108. Acts 1993, 73rd Leg., ch. 269, Sec. 1, ef…

Sec. 101.106. NOTICE OF ELECTION. Except as provided by Section 101.108, a labor union shall give members at least seven days' notice of an election under Section 101.105. The notice must be given in the manner most convenient to the union by: (1) written or printed notice mailed…

Sec. 101.107. RESULTS OF ELECTION. The results of an election held under Section 101.105 shall be determined and declared by the president and the secretary at the time in the presence of the members or delegates participating, except as provided by Section 101.108. Acts 1993, 73…

Sec. 101.108. CERTAIN UNIONS EXCEPTED. Sections 101.104-101.107 do not apply to a union that: (1) under its constitution, bylaws, or other organization rules, held its elections for officers and representatives every three years or every four years, for the four years ending Augu…

Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING OFFICE. (a) A person may not serve as a labor union officer or as a labor organizer if the person: (1) is an alien; or (2) has been convicted of a felony. (b) Subsection (a) does not apply to a person who has been convicted of…

Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD. (a) A labor organizer operating in this state must apply in writing for an organizer's card before soliciting members for the organizer's organization. (b) An application for an organizer's card must: (1) be filed with the secreta…