,’
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
QaupC.Yuac
A-- 1
\
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.
~nemuch rie ihe work in Port Arthur could
not be hnn31od odvanto~eous1.y in Deaumout, a
brnnch mo opaned in Port mthur, but all
work done mst clssr through 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 the law.
*‘vie shall appreciate your advice in
this connection, in order that we msy deter-
mine what steps vie should take.‘”
Article 5,210, Vernon*8 Civil Statutea, 1925, reads
in part:
j.
c* * * Application for license to act
as employment sgent may be made in porcon or.
by,mail to the Cor&::sloncr upon blank apqllco-
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 ,verffied by each person for whoao
benefit 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-
0 plicant desirer to conduct the business 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 agent for at least one yerir prior
to the date of the application, and that such
person or parsons ere of fr00a moral character.
* * * Such agplicaticn shall be examined by
the Commissioner, and if he finds that the
. same com9lies’rith the Iax and that ths ap-
plicant is entitled to a license, then he
shall issue a license to the applicant for
each county for ,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 to
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 of
five thouscnd dollars, pnysblo to the Fjtcte Of
Texas, for each county whe;e*a; ernploynont Of-
fice is to be maintained; Not riorc then
one offica shall bo opcrotsd under any om
-.,
c
Koaorable Joe Kuuscbik, ?aCa 3
license. * * *n
Article 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 the business OS giving intelli&ence or inforzatlon where
employment or help may-be obtained, or where the business OS
. an czployment agent is oarrled ou, aEi lit Our opiniGi%hat
56 port Arthur “bxa=h oSSice ” conies within the tems or this
definition.
f It IS clear from the very wrding or article 5210
Bupra, that only ono such OSSloe slay be operated under any &e
license. No exception in nadc, either expressed or by neceo-
Sary iqlicatlon, pemitting th3 operatiou or ssint8nance of
a no-called “branch of Site”, but on the othor hand the LeOis-
lature, In calacting the underscored portion of krticla 5208,
eupra., In all probability had in mind just such a situation
and just cuch a state of Sacts as is involved in the instant
case.
Even though all work done in Port Arthur through
tho “branch OSfiC6” of the Official Nursing, Bureau, District
No. 12, Texas Graduate Nurses association, must olear through
the Beaumont office, it cannot be denied that the Port Arthur
office 13 u plsoo 61’ ofSico within the terns of the above
definition of “en31oymnt off ice” ahera the business OS the
agent or aCemy is carried on.
Par the SoreCoing reasons, you are mepeotlully ad-
view3 that it IE our opinion that the licenco isou.ed by the
Bureau OS Labor :itatistios to inotaut emp~oy~ert aCemy au-
thorizas said agency to 0par.it.e only the 0113 oSSice in %rru-
lcont and that in order for such agency to legally oper>to
the Port Arthur ofl’ice an addltionbl liceuse nust bo obtained.
.
moorable Joe mnschik, ~ngs 4
Trusting that the abovo satlsSeotorlly disposes
or your inquiry, ws remain
YOUiS very truly
ATTORNEYG7XmAL OF mcAs :
LfR&cAG,
BY '
0. BUrl@ Daviss
Assistant
DBD:R::
APPROVEDNOV 22, 1940