Justification for Repeal of Temporary Common Worker Employer Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Temporary Common Worker Employers
16 TAC Chapter 64, repeal §§64.1, 64.10, 64.20, 64.70, 64.72 and 64.80

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 64, §§64.1, 64.10, 64.20, 64.70, 64.72, and 64.80, regarding the Temporary Common Worker Employers program, without changes to the proposed text as published in the October 6, 2017, issue of the Texas Register (42 TexReg 5305). The rules will not be republished.

The adoption repeals the existing rules of the Commission, the governing body of the Texas Department of Licensing and Regulation (Department), regarding the licensing and regulation of temporary common worker employers by the Department. The existing rules under 16 TAC Chapter 64 implemented Texas Labor Code, Chapter 92.

The repeal of the existing rules is necessary to implement Senate Bill (S.B.) 2065, 85th Legislature, Regular Session, 2017. This bill, in part, repealed the state licensing requirements for temporary common worker employers under Texas Labor Code, Chapter 92, Temporary Common Worker Employers.  S.B. 2065 preserved the provisions in Chapter 92 regarding the standards of conduct and practice for temporary common worker employers and the provision allowing municipalities over 1 million people to impose stricter standards of conduct and practice.  As amended by S.B. 2065, unless prohibited by a governmental subdivision, a temporary common worker employer is authorized to operate in the state if it meets the requirements of Chapter 92. A governmental subdivision may enforce Chapter 92 within the boundaries of the governmental subdivision. These statutory changes were effective September 1, 2017. 

The adoption repeals the existing rules for the Temporary Common Worker Employers Program under 16 TAC Chapter 64, §§64.1, 64.10, 64.20, 64.70, 64.72, and 64.80.  As of September 1, 2017, the Department no longer licenses or regulates temporary common worker employers.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the October 6, 2017, issue of the Texas Register (42 TexReg 5305). The deadline for public comments was November 6, 2017. The Department did not receive any comments during the 30-day public comment period.

At its meeting on December 15, 2017, the Commission adopted the proposed repeal without changes.

The repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51 and Texas Labor Code, Chapter 92. No other statutes, articles, or codes are affected by the adoption.

[§64.1. Authority]

[§64.10. Definitions]

[§64.20. Licensing Requirements General]

[§64.70. Duties of a License Holder]

[§64.72 Licensee Labor Hall Responsibilities]

[§64.80. Fees]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.


Filed with the Office of the Secretary of State, on December 28, 2017.
Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation