Case Information
*1 GENERAL THEATJTORNEY OFTEXAS
March 1, 1939 Hon. Joe Kuasohik
Collbnissioner of Labor
Bureau of Labor Statistics
Austin, Texas
Dear Sir: Opinion No. O-347
Re: Operation of two employment agencies under assumed named statute and Article 1588 of the Penal Code. Article 1067 et seq. P. C.
Your request for an opinion as to whether Article 1588 of the Penal Code %iouId;require both the names of "Commercial Employment Service" and "Educator's Employment Service" when both are operated by one person, be entered on stationery of this person and could the "Assumed Named Statute" be so construed as to permit an agency to operate under two separate names, has been recgived by this office.
For, the purpose of this opinion we must assume from your letter that when you speak of "an agency" you mean the person operating the agency or agencies.
Chapter 7 of the Penal Code provides that no person or persons shall carry on or conduct or transact business in this State uuder::a.n assumed name, unless he has complied with the provisions thereof. There is nothing therein, in ow opinion, to prevent a person from transacting business under as many assumed names as he desires. The only limitation therein being that the person must comply with the provisions of chapter 7 or be deemed quilty of a criminal ofpense.
Article 1588 of the Penal Code is a regulatory statute, regulating tb.e carrying on of a business of an CfmPloyment agency. It provides, among other things, that an employment ifagent shall not use any letterheads or blanks unless they contain the name of such employment agent, and the address of his employment office. "Employment Agent" is defined by Article 1584 of the Penal Code as meaning every person, firm, prtnership.or association of persons engaged in the business of asdisting employers to secure employees and persona to secure employment, etc.
Hon. Joe Kunschik, March 1,1939, Page #2 (0 347)
It is our opinion that there is nothing therein to prevent a person from operating two separate and,distinct employment agencies from the same office. .xjt is, therefore. our opinion that Article 1588 of the Penal Code &es not require that the assumed name of each agency be ahom.on , the stationery used. The only requirement being that the letterheads and blanks shiill contain the name of the employment agent and the address of his@ployment office.
Yours very truly, ATlORNEY GEKEF!AL OF TEXAS Richard H. Cocke 4 BY ‘. RichardH. Co&e Assistant APPROVED:
s/oERAm c. MANN
ATl?ORNEX GnvnW OF TEXAS