(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.

(1) "Commission" means the Texas Commission of Licensing and Regulation.

(2) "Commissioner" means the commissioner of licensing and regulation.

(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.

(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.

[Sections 92.004 to 92.010 reserved for expansion]

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.

(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.

(a) The department shall issue a temporary common worker employer license to a person who meets the application requirements established by the commissioner 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.

(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) If a license holder does not renew the license before the first anniversary of the date of issuance of the license, the license holder must pay the late renewal fee set by the commission to renew the license.

(c) If the license is not renewed before the second anniversary of the date of issuance of the license, the license holder must apply for a new license in the manner required for an original license under this chapter.

[Sections 92.016 to 92.020 reserved for expansion]

(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.

(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 commissioner or department under this section is privileged and confidential and is for the exclusive use of the commissioner 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.

(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 workrelated services.

(c) For purposes of this section, "conspicuous place" means a location that is in open view to the general public.

(1) restroom facilities for both men and women;

(2) drinking water;

(3) sufficient seating; and

(4) access to vending refreshments and food.

(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.

[Sections 92.026 to 92.030 reserved for expansion]