Texas Attorney General Opinion: JM-293 Page: 2 of 8
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Mr. Allen Parker, Sr. - Page 2; (JM-293)
the applicant in identifying career or industry
goals;
[2] how to get interviews, how to perform and
negotiate during and after interviews;
[31 the provison of names of specific persons
authorized to hire and looking for applicants
[4] the provision of information concerning
work conditions, quality of employment, advance-
ment probabilities, and income tax consequences;
[5] the granting of the right to contact the
service at a late:: date for advice in connection
with the job search; or
[61 direct contact by the service with hiring
employers. . .
We do not believe that the holding in Attorney General Opinion H-1236
(1978) is dispositive of whether the six types of services rendered by
the businesses you have inquired about fall within the definition of a
"personnel service."
Article 5221a-7, the current statute governing personnel employ-
ment services, and its predecessors -- Acts 1923, 38th Leg., ch. 41,
at 75 (arts. 5208-5221); A:t:s 1943, 48th Leg., ch. 67, at 86 (art.
5221a-4); Acts 1949, 51st LBg., ch. 245, at 453 (art. 5221a-6); Acts
1969, 61st Leg., ch. 871, at 2625 (amended art. 5221a-6); and Acts
1979, 66th Leg., ch. 263, at 570 (art. 5221a-7) -- have been
construed by this office a number of times. See, e.g., Attorney
General Opinions MW-106 (1')9); H-1236 (1978); h-629 (1975); M-750
(1970); W-471 (1958); V-10:35 (1950); V-430 (1947); 0-7299 (1946);
0-6879 (1945).
In 1945, this office construed article 5221a-4, which defined an
"employment or labor agent,' to include any person who
offers or attempts to procure or procures employ-
ment for employees . . . or . . . offers or
attempts to procure or procures employees for
employers. . . . (Emphasis added)
section 1(3)(e), as prohibiting the payment of fees by an applicant
for employment unless
p. 1307
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-293, text, December 31, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272733/m1/2/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.