(a) A professional employer organization licensed by the Texas Department of Licensing and Regulation under Texas Labor Code Chapter 91 shall be the employer of the workers it provides to a client. If the professional employer organization is not licensed by the Texas Department of Licensing and Regulation, then the Agency shall determine that the client is the employer.
(b) A temporary help firm is the employer of an individual employed by the firm as a temporary employee. As defined in the Act, §201.011(21), a temporary help firm is a person who employs individuals for the purpose of assigning those individuals to work for the clients of the temporary help firm to support or supplement a client's workforce during employee absences, temporary skill shortages, seasonal workloads, special assignments and projects, and other similar work situations.

Source Note: The provisions of this §815.133 adopted to be effective November 6, 2000, 25 TexReg 11093; amended to be effective January 6, 2014, 39 TexReg 114