Texas § OC.2501.001 - DEFINITIONS

§ OC.2501.001. DEFINITIONS

DEFINITIONS. 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 (2) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff.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 (3-a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff.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 (4-a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 102, Sec. 2(1), eff.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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 11.001, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 102 (S.B. 1168 ), Sec. 2(1), eff. May 20, 2011. Acts 2011, 82nd Leg., R.S., Ch. 565 (H.B. 3167 ), Sec. 2.02(1), eff. September 1, 2011.