|(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.