Conviction of a crime does not automatically disqualify a controlling person, require the revocation of a license, or require the denial of an application for a new or renewed license. The department shall consider criminal convictions as provided by Section The applicant may also satisfy the net worth requirement through guarantees, letters of credit, a bond in an amount that demonstrates compliance with the requirements of Subsection a , or other security acceptable to the department.
A guaranty is not acceptable to satisfy this subsection unless the applicant submits sufficient evidence to satisfy the department that the guarantor has adequate resources to satisfy the obligations of the guaranty. The computation of net worth by an applicant is to be made according to Section , Internal Revenue Code 26 U.
A document submitted to establish net worth must be prepared or certified by an independent certified public accountant. Information submitted to or maintained by the department is subject to Chapter , Government Code, other than information related to: 1 identification of client companies; 2 net worth; 3 financial statements; or 4 federal tax returns. The department shall also require the applicant to provide information necessary to determine whether individuals affiliated with the applicant are qualified to serve as controlling persons.
The department shall provide the applicant at least 30 days after the date of the notice to address the reasons for the denial. For good cause and on a showing of a good faith effort to remedy the reasons for the denial, the executive director may grant an additional 30 days to remedy the reasons for denial. The applicant or license holder shall bear the burden of proof with respect to Subdivisions 1 and 2.
The department shall notify an applicant of any deficiency in the application not later than the 30th day after the date on which the department receives the application forms.
The department shall issue the license not later than the 90th day after the date on which the completed application is filed with the department. The department shall renew a license on receipt of a complete renewal application form and payment of the license renewal fee. That person may serve as a controlling person while the department is conducting any necessary investigation.
If the department determines not to approve the new controlling person, the department shall notify the applicant or license holder and that controlling person at least 20 days before taking action against the applicant or license holder. A license issued under this chapter is not assignable. A license holder may not conduct business under any fictitious or assumed name without prior written authorization from the department. The department may not authorize the use of a name that is so similar to that of a public office or agency or to that of another license holder that the public may be confused or misled by the name's use.
A license holder may not conduct business under more than one name unless the license holder has obtained a separate license for each name. The commission by rule shall set the fee for a name change.
A license holder may change the license holder's name on renewal of the license without the payment of the name change fee. May it be a person? Yes, a person may be a designated agent if they have they have a physical address in Texas. Box is not acceptable. Contact Customer Service by phone at within Texas or or by email to request a copy. Please include your license number. Does the department send out expiration notices?
As of April the department no longer sends expiration notices. My federal id number is changing, what do I need to do? If an entity is providing payroll only, would they be considered a PEO? How about if they are providing payroll and benefits with no leasing or staffing of people? No license is required if an organization that provides payroll services only to one or more entities not considered to be providing PEO.
See Labor Code, Section How do I know if a new license is required if I sell the company? We apply a fairly simple rule to the sale of PEOs and determining when a new license is needed: If the Federal ID number of the license holder changes, a new license is needed. The license number is tied to the Federal ID number. If a new license s will be needed for these license holders, then yes, the license s must be issued before the sale happens, otherwise they will be operating without a license.
In fact, they have 45 days after the sale is complete to inform us of the new controlling persons. May a PEO offer partially funded health plans? A license holder may not sponsor a plan of self insurance for health benefits except as permitted by the Employee Retirement Income Security Act of 29 U. Section et seq. The Department is the primary enforcement authority for complaints against PEO companies. The most common complaints involve unlicensed activity and failure to pay wages to leased employees.
The Department investigates and resolves complaints, conducts hearings, and may impose administrative penalties and sanctions if a violation has occurred. See Texas Labor Code, Section If a person violates Texas Labor Code, Chapter 91, an administrative rule, order of the Executive Director or commission proceedings may be instituted to impose administrative sanctions including license revocation, administrative penalties or both in accordance with Texas Labor Code, Chapter 91, Texas Occupations Code, Chapter 51, and any associated rules.
How do I obtain copies of applications, certificates, complaints, and other types of documents from the department? You may also call TDLR at Texas only or , and speak with a customer service representative. How may I receive notification of new and changing information with your department? These lists were established to allow subscribers to receive automated notification of new and changing information. Professional Employer Organizations.
What is a coemployment relationship? What is a 'covered employee' Are there any changes to a PEO's or client's ability to obtain retirement and welfare benefit plans?
What is a 'covered employee' A covered employee is the new term for the 'assigned employee,' and is a person having a coemployment relationship with a PEO and a client. No, company tax returns are not accepted to document working capital. How long does it take to issue a PEO license? How do I change address on my PEO license? How much does a PEO license cost? My license has expired, how do I get it back? Am I allowed to transfer my PEO license? How do I obtain a copy of my renewal form?
My federal ID number is changing, what do I need to do? To continue qualification for a limited license, a person at all times while licensed must: Employ less than 50 assigned employees in this state at any one time; Not assign employees to client companies that are based or domiciled in the state; Not maintain an office in this state; and Not solicit client companies located or domiciled in this state. See working capital FAQs ; and required attachments; Required fees.
Yes, you must be licensed if you have any assigned employees in Texas. There are no provisions in the statue to allow for a temporary license. You must wait until you receive the license issued to you. If any proof of net worth under Section In addition, the PEO company must keep the financial security in effect until the latter of: two years after the PEO company ceases to do business in this state; OR two years after the PEO company license expires; OR when the Executive Director receives satisfactory proof from the PEO company and determines that the PEO company has discharged or otherwise adequately met all obligations to its clients and employees in this state.
You must apply as a new applicant and meet all the requirements of a new application. How do I file a complaint? Please contact your private legal counsel for assistance. A written employee leasing agreement must document the terms of a staff leasing arrangement. The employee leasing agreement must also restate specific statutory language contained in the Texas Labor Code.
An employee leasing agreement should clearly define the responsibilities and assumption of risk of each co-employer. The staff leasing company and the client are solely responsible for certain obligations of employment, while both parties share responsibilities for other obligations.
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