Texas Labor Code Title 2, Chapter 91 - Professional Employer Organizations

• Texas Section 91.0013 - Franchisors Excluded
  (a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1. (b) For purposes of this chapter, a franchisor is...
• Texas Section 91.0012 - Covered Employee
  (a) A covered employee must meet all the following criteria: (1) the individual must receive written notice of the coemployment relationship with the professional employer...

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 91.0011 - Coemployment Relationship
  (a) A coemployment relationship is intended to be an ongoing relationship rather than a temporary or specific one, in which the rights, duties, and obligations...
• Texas Section 91.001 - Definitions
  In this chapter: (1) "Applicant" means a person applying for a license or the renewal of a license under this chapter. (2) Repealed by Acts...
• Texas Section 91.002 - Rules
  (a) The commission shall adopt rules as necessary to administer this chapter. (b) Each person who offers professional employer services is subject to this chapter...
• Texas Section 91.003 - Interagency Cooperation
  (a) Each state agency that in performing duties under other law affects the regulation of professional employer services shall cooperate with the department and other...
• Texas Section 91.004 - Effect Of Other Law On Clients And Employees
  (a) This chapter does not exempt a client of a license holder, or any covered employee, from any other license requirements imposed under local, state,...
• Texas Section 91.005 - Application Of Certain Procurement Laws
  With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client's status...
• Texas Section 91.006 - Workers' Compensation Coverage
  (a) A certificate of insurance coverage or other evidence of coverage showing that either a license holder or a client maintains workers' compensation insurance coverage...
• Texas Section 91.007 - Application Of Labor Relations Laws
  This chapter does not relieve a client of a right, obligation, or duty under: (1) Chapter 101; (2) the federal National Labor Relations Act (29...

SUBCHAPTER B LICENSE REQUIREMENTS

• Texas Section 91.008 - Applicability Of Continuing Education Law
  Section 51.405, Occupations Code, does not apply to this chapter. Added by Acts 2003, 78th Leg., ch. 816, Sec. 14.003, eff. Sept. 1, 2003.
• Texas Section 91.011 - License Required
  A person may not engage in or offer professional employer services in this state unless the person holds a license issued under this chapter. Added...
• Texas Section 91.012 - General License Requirements
  To be qualified to serve as a controlling person of a license holder under this chapter, that person must be at least 18 years of...
• Texas Section 91.013 - Background Investigations
  (a) On receipt of an original application for a license, the department shall conduct a thorough background investigation of each individual applicant and of each...
• Texas Section 91.014 - Working Capital Requirements
  (a) An applicant for an original or renewal license must demonstrate positive working capital in the following amounts: (1) $50,000 if the applicant employs fewer...
• Texas Section 91.015 - License Application
  (a) To receive a professional employer organization original license, a person shall file with the department a written application accompanied by the application fee. (b)...
• Texas Section 91.016 - License Issuance; Term
  (a) The department shall issue a license to an applicant who the department determines has met the requirements of this chapter. The department shall notify...
• Texas Section 91.017 - Fees
  (a) Each applicant for an original or renewal professional employer organization license shall pay to the department before the issuance of the license or license...
• Texas Section 91.018 - License Not Assignable; Change Of Name Or Location
  (a) A license holder may not conduct business under any name other than that specified in the license. A license issued under this chapter is...
• Texas Section 91.019 - Limited License
  (a) The commission by rule shall provide for the issuance of a limited license to a person who seeks to offer limited professional employer services...
• Texas Section 91.020 - Grounds For Disciplinary Action
  The department may take disciplinary action against a license holder on any of the following grounds: (1) engaging in professional employer services or offering to...

SUBCHAPTER C PROFESSIONAL EMPLOYER SERVICES AGREEMENT

• Texas Section 91.021 - Electronic Filing And Compliance
  (a) The commission may adopt rules to permit the acceptance of electronic filings under this chapter, including the filing of applications, documents, reports, and other...
• Texas Section 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....

SUBCHAPTER D POWERS AND DUTIES OF LICENSE HOLDER

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

Last modified: September 28, 2016