Case Information
*1 ,’ OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN QaupC.Yuac A-- \
Bonorsble Joe Eunnohik, comlasioner
bureau oi .Labor Statistios
Austin, Toxso
Dear Sir; opinion No. O-2882
opinion of this de_partnent
your letter readsin part
only one Officfa3. Xuzeing cl In Ecauciont, Texas, for Dis-‘ with bona .zostod and tax paid. rie ihe work could
~nemuch not be hnn31od odvanto~eous1.y in Deaumout, a brnnch mo opaned in Port mthur, but all
work done mst clssr the ncaunont of- fice,
“*your inspector advised that v:o rhould pay onother tar und bond in order to 0,aerate.
-
honorable SOS Kunschlk, Page 2
Vie have boen advised by legal counsel, how- ever, that we ara opcroting v;ithin law.
*‘vie shall appreciate your advice in connection, that we msy deter- take.‘” mine what steps vie should 5,210, Vernon*8 Civil Statutea, reads
in part:
j.
c* * * Application for license to act as employment sgent may be made in porcon or. to the Cor&::sloncr upon blank apqllco-
by,mail tlon .forms which shall bs verified by the ap- . p&ant. i;‘hor~ the aoplioation is made by a
firm, psrtnorship or aesocistlon of persons, it must.be benefit ,verffied by each person for whoao
the application is rmde, and such sp- plication shall also be accompanied by affi- davits of at least five credible citizens, who have resided in ths county in which such ap- plicant desirer to conduct of an employment agent, for at least three years, to the effect that the apglicont or applioants has or have resided within the county in which such person or parcons desires to bacoae an employment for at least one yerir prior to the date of the application, and such person or parsons ere of fr00a moral character.
* * * Such agplicaticn shall be examined by the Commissioner, and if he finds
. same com9lies’rith Iax and ths ap-
plicant is entitled to a license, then he
shall issue a license the applicant for
each county ,whi.ch application is made .’ and shall dollvcr such license to the ap?li- cant upon the psynent of a licenss fee ol one hundred and fifty dollars for each county in which an employment offI& is to be maintnincd by said agent, -and upon rhe presentation
and approval by the Con&sslcner of a cood and sufficient bond executed by the apgliccnt with gcod and sufficient surety in the ?ensl sum five thouscnd dollars, pnysblo to the Fjtcte Of Of- Texas, fice for each county whe;e*a; ernploynont Not riorc then to be maintained; one offica shall bo opcrotsd under any om
-., c Koaorable Joe Kuuscbik, ?aCa 3
license. * * *n 5208, Vernon’s Civil Statutes, 1925, and
Article 1584, Vernon’s Penal Code, 1925, define “employment 0friw as r0110vrs: _’ ‘The. twin fKlzploymmt OSficet &am every place or 0rriOO where the busineso
OS giving intolli~ence or infornatlon whore employmnt or
the business of
FEd on. + * cm
As will be seen from Articles 5208 (and 15%4), eupru, an t?a~lOyiaent office iE any and every place 6r office where OS giving intelli&ence or inforzatlon where employment or help may-be obtained, or where the business OS . an czployment is oarrled ou, aEi lit Our opiniGi%hat
56 port Arthur “bxa=h oSSice ” conies within tems or definition. It IS clear from the very wrding or article
f under any &e Bupra, that only ono such OS Sloe slay be operated license. No exception in nadc, either expressed or by neceo- Sary iqlicatlon, pemitting th3 operatiou or ssint8nance a no-called “branch of Site”, but on the othor hand the LeOis- lature, In calacting the underscored portion of krticla eupra., In all probability had in mind just such a situation and just cuch a state of Sacts as involved in the instant case.
Even though all work done through tho “branch OSfiC6” of the Official Nursing, Bureau, District No. 12, Texas Graduate Nurses association, must olear the Beaumont office, it cannot be denied the Port Arthur 61’ ofSico within terns of the above office 13 u plsoo definition of “en31oymnt off ice” ahera the business OS the agent or aCemy is carried on.
Par the SoreCoing reasons, you are mepeotlully ad- it IE our opinion licenco isou.ed by the view3 Bureau OS Labor :itatistios inotaut emp~oy~ert aCemy au- thorizas said agency to 0par.it.e only the 0113 oSSice in %rru- such agency legally oper>to lcont and that the Port Arthur ofl’ice an addltionbl liceuse nust bo obtained.
moorable Joe mnschik, ~ngs 4
Trusting the abovo satlsSeotorlly disposes or your inquiry, ws remain
YOUiS very truly : ATTORNEY G7XmAL OF mcAs LfR&cAG, BY ' 0. BUrl@ Daviss Assistant DBD:R::
APPROVEDNOV 22, 1940