Untitled Texas Attorney General Opinion ( 1953 )

-. . THE AL OF TEXAS April 20, 1953 - Home w. B. Morgan Opf8foa ~... 100. s-30. ~.~ Commlssiomer Bureau of Labor Statistics Re: Althbrfty of the Bureau Austl8, Texas of Labor' Statistics to 1iiAmse a Graysbr County reifdekt to operate a8 emplopne8t agency 18 Dear rare uorgaas Jefferso8 Cou8ty. You request the ?~pftios~bf @hhii office as.-to whether the Comsissioaer-W thb"BUrirau'of-Labor Sta- tlstlos ca8 approve P8 apDlfbatIbi of a Griysoi County resideat to operate a8 emplbyme8t'&gCa~y i8'Jefferscm county e I8 other words,' eai'Pn~bn@lQment agait duly lice8sed-to operate aa emplqxneiit igeiEg fr GrPyso8 County procure mother lieeiiiitti bperkte a8 emplogme8t agency u8&er the same iame 18 087 other county of thfs State, to-wit, Jefferso8. You have advised that ;gbU are iaterested im a8 opirfo8 co8cerrlmg only the Private Eaployme8t Age8ey Law. - Sectio8 3 of Article 5221a-6, V.C.S., reads i8 part as followss 1, Where'tha app_libit%on is t&de br a firm, ~a%ershIp, c$ya8~assaelitioi bf'perso88, It must be rerilied“b~‘~qP#i persoi"f&r whose benefit the applfcat3.08 fs made, a8d sueh appllcatio8 shall also be aeeompa8ieQ bg affi- davits of at least five .(5) eredftable citizens who have resided 18 the eoustg fr which sueh applicart desires to co8duct thi busfress of for at least three be 081~ one type of lfeemae issued under the provfsfors of this A&, whifeh lfee8se shall be desig8atad as a Private Employmert Agency llee8se, which will permft~the Bfeeasee to Aet as a Prlva$e Employmert Agem%, mafntafnf8g' only one office under said lfoense, 0 m 0N HOD. M. B. Morgan, p-e 2, (Op. no. S-30). The -underscored portions of Section 3 of Article 5221a-6 clearly indicate that the Ldglslatur8 intended for the Prl.rate Employment Ag88t to be a resident of the oounty in which he cd8ducts the busisess of a Private Employment Ager'6yi The Legls- lattme by this Sectios requires that five'~ci%ditoble citizens of the county where the agency lb to-be located make affidavits that the sppllcsbt'for a license to e8gage in the busi8ess of-a private em- ployment age8cy (1) be a resident of the cousty where he intends to transact said busiaibs;~aid (2) be of good moral character. If the Leglslature'had Dot intended that the appliea8t be a reSPd88t Of the county where he Intended to do bUSi8eUs~aS~ 0 private employment agent, It cOrtal8ly would not have iaclud- ad in the statute the speclflo requiremiit that the applicant submit with his application affidaVita from reputable citizens ntati8g .that he was a r88idOBt of the county where he iDteDded to do~busiaess. Under this statute the Bureau of Labor Statlitlcs 12~8 approve as applisatio8 for an PpplioPat to do business as a private employment age8t li the appli- cant meets the requirements set out in then statute. If the applicant does sot meet the requirements 80 set out the Bureau of Labor Statistic8 does .aOt have the power to approve 8uch a8 applicatio8; Fbr the Bureau to do so would be an assumption of authority prohibited by the Legislature. The intent of the LOgiSlatUre is madh``evea clearer by Seetioa 3, Article 52210-5, th@ LPb6r Agency Law, which stipulates that tha affidaviW of the five creditable citizens are only to the etfect that the applicant or applicant8 are perWas of good moral character. Is this Sectlo8 they h&v&left out the residence requirement altogether. If such had been the intent of the Legislature in the-Rlvate Employment Agency Law it must be assumed that they would have also excluded the residence requirement from that law. Thus the Bureau of Labor StPtlbti'ci We8 not have the power or authority to approve Pi appli- cation by a Graysor county resident to operate an employment agercy i8 Jefferson COUBty. . Hon. M. B. Morgan, page 3, (Op. Ilo.S-30). The Bureau of Lsbor Statistics cannot approve an application of a Grayioi County resident to operate a private emplOyIUO8t ag&BCy i8 Jeffersos county. Yours very truly, APPROVED: JORNBER SHEPPERD Rudy G. Rice AttOr8Oy General State Affairs Divlslo8 C. IS.Richards BY Reviewly Assistr8t AsSiStoBt Xillis Greshnm Reviewi8g Asslsta8t Robert S. Trottl First AssIstPat