1. (a) The term "talent agency" does not apply to:

   1. (1) a person who obtains or attempts to obtain employment for himself;
   2. (2) an organized labor union that represents artists and whose efforts to obtain or attempt to obtain employment for its members is incidental to representing its members;
   3. (3) a person who, without assessing a fee, operates a talent agency in conjunction with the person's own business, or as the authorized representative for a bona fide employer, for the exclusive purpose of employing artists for use in or for that business, or by that employer; or
   4. (4) attorneys licensed to practice who represent artists strictly as legal advisors and not as managers.
2. (b) The term "talent agency" applies only to persons who obtain or attempt to obtain employment for an actor or a model, as those terms are defined in the Act. Based upon a review of the specific language throughout the entire statute, it is the department's interpretation that the legislation was intended to apply only to talent agencies dealing with those types of artists as described herein. While there is a reference to other types of artists in the statute, the department finds application of the statute to those other artists in conflict with the apparent legislative intent as it is expressed in specific provisions throughout the statute. In the alternative, and without waiving the position stated, there is insufficient legislative guidance to promulgate administrative rules regarding those other types of artists. Therefore, talent agencies representing only such artists are not required to comply with the requirements of the Act.

Source Note:The provisions of this §78.30 adopted to be effective March 1, 1994, 19 TexReg 1102; amended to be effective December 12, 1994, 19 TexReg 9492.