Texas Attorney General Opinion: WW-471 Page: 2 of 6
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Honorable O. L. Stiefer, Page 2 (WW-471)
a "search fee" ranging from $15.00 to $30.00 depending upon the
salary range requested by the applicant. The licensed agency
retains one half of this fee and remits the other one half to
the parent organization.
The applicant must pay the fee prior to obtaining and
accepting employment. Following employment, if secured by
this cooperative method, the agency and the national office
share the placement commission.
House Bill 387, Acts 51st Legislature, Regular Session,
1949, Chapter 245, Page 453, (codified as Article 5221a-6,
Vernon's Civil Statutes), defines private employment agents
or agencies, in Section 1 (e), as follows:
"'Private Employment Agent' means
any person in this State who for a fee
or without a fee offers or attempts to
procure employment for employees or pro-
cure or attempts to procure employees
for employers except employees as common
laborers or agricultural workers."
Section 1 (b) of the Article defines the term "fee" as
follows:
"tIFeel means anything of value
In-iuding money or other valuable con-
sideration or services or the promise
ol any of the foregoing received by an
employment agency from or on behalf of
any person seeking employment or em-
ployees in payment for any service,
;tLer directly or indirectly."
Phe authority for private employment agents or agencies
toc cha:ge fees for their services is provided in Section 8 of
Article 5221a-6. It reads as follows:
"Sec. 8. Private Employment
Agents or Agencies as defined by this
Act a..d who are engaged in the business
of attempting to procure employment for
employees or procures or attempts to
procure employees for employers in
skilled, professional, or clerical
positions may charge, with the written
consent cf he applicant, a fee not to
exceed forty per cent (40%) of the first
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-471, text, July 8, 1958; (https://texashistory.unt.edu/ark:/67531/metapth267082/m1/2/?rotate=270: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.