Texas Occupations Code 2501.001 – Definitions
Terms Used In Texas Occupations Code 2501.001
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
In this chapter:
(1) “Applicant” means a person who:
(A) engages the services of a personnel service to secure employment; or
(B) is placed with an employer by a personnel service.
(2) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.
(3) “Counselor” means a person who:
(A) interviews and refers an applicant to a prospective employer; or
(B) solicits job orders from an employer.
(3-a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.
(4) “Employer” means a person who employs or seeks to employ an employee.
(4-a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff. May 20, 2011.
(5) “Fee” means anything of value, including valuable consideration or a service or the promise of valuable consideration or a service, directly or indirectly received by a personnel service as payment from a person seeking employment.
(6) “Job order” means a verbal or written notice of a job opening from an employer.
(7) “Owner” means a person who possesses a proprietary interest in a personnel service.
(8) “Person” means an individual, partnership, association, corporation, legal representative, trustee in bankruptcy, or receiver.
(9) “Personnel service” means a person who, regardless of whether for a fee, directly or indirectly offers or attempts to obtain permanent employment for an applicant or obtains or attempts to obtain a permanent employee for an employer. The term does not include a newspaper of general circulation or other publication that primarily communicates information, other than information relating to employment positions, and that does not claim to adapt the information provided to the needs or desires of an individual applicant. The term includes a person who offers the facilities of or advertises as:
(A) an executive search or consulting service;
(B) an out-placement service;
(C) an overseas placement service;
(D) a job listing service;
(E) a personnel consulting service; or
(F) a resume service that provides job market investigation, research, or evaluation.
(10) “Service file” means a job order, resume, application, workpaper, or other record containing information relating to:
(A) an applicant;
(B) an employer;
(C) an employment position; or
(D) the operation of a personnel service.