Staff Leasing Services

Here are the public comments on general topics received during the 2012 Strategic Planning process. The comments are grouped as answers to the four questions we based our discussions on.

1. What are we doing well?
2. What can we do better?
3. If you could change one service that we provide or eliminate or amend any provision of TDLR’s statutes or rules, what would it be?
4. What major changes will occur over the next five years that will impact the way you do business and the services we provide?

Read the comments (8 kb PDF) To see the comments for each individual license program, go to that program's section on the web site.

Notice on Working Capital Requirements - Pursuant to House Bill 2249 (81st Legislature, 2009), effective December 31, 2011 all Staff Leasing Services companies applying for renewal must submit an audited financial statement that demonstrates positive working capital in the following amounts:

1. $50,000 if the applicant employs fewer than 250 assigned employees;
2. $75,000 if the applicant employs at least 250 but not more than 750 assigned employees; and
3. $100,000 if the applicant employs more than 750 assigned employees.

"Working capital" is defined as the applicant's current assets minus the applicant's current liabilities as determined by generally accepted accounting principles.

The audited financial statement must:

• be prepared in accordance with generally accepted accounting principles;
• be audited by an independent certified public accountant; and
• be without qualification as to the going concern status of the applicant.

Please note: surety bonds, letters of credit, or guarantees alone will no longer be accepted as proof of positive working capital. You MUST submit an audited financial statement for the company named on your license. Any deficiencies in the working capital requirement may be satisfied through guarantees, letters of credit, a surety bond, or other security acceptable to TDLR, provided they are accompanied by the company's audited financial statement. TDLR has posted new FAQs about the Working Capital Requirements and you can find more information there.

Please contact our department with any questions at 800-803-9202, or staff.leasing.services@license.state.tx.us.

A sample letter of credit is now available on the Staff Leasing Services Forms page.

The Texas Commission of Licensing and Regulation adopted amendments to existing rules at 16 Texas Administrative Code, Chapter 72, §§72.10, 72.20-72.23, and 72.40 regarding the staff leasing services program. The effective date of the rule adoption was December 31, 2011. The adoption justification and the updated rule chapter may be viewed online.

TDLR is now accepting online payment for administrative penalties.

A staff leasing company is defined as one who leases its employees to other persons or companies (clients), and where the staff leasing company and the client share certain employment responsibilities, such as payroll, benefits, etc. The law requires that this staffing arrangement be ongoing in order to qualify. If the staffing arrangement is meant to be temporary or seasonal, it is not considered to be ‘staff leasing’ under Texas law.

For more information about staff leasing services, e-mail TDLR at staff.leasing.services@license.state.tx.us