16 TAC §78.10, §78.30
The Texas Department of Licensing and Regulation adopts amendments
to §78.10 and §78.30 regarding the Texas Talent Agencies administrative
rules. Section 78.10 is adopted without changes to the proposed text as published
in the January 26, 2001 issue of the
Texas Register
(26 TexReg 868) and will not be republished. Section 78.30 is adopted
with changes to the proposed text as published in the January 26, 2001 issue
of the
Texas Register
(26 TexReg 868). The
amendments in §78.10 reflect changes that codified Article 5221a-9 into
the Texas Occupations Code, Chapter 2105. The changes reflect the current
information.
The changes to §78.30 from what was previously proposed deletes language
that is no longer necessary. The reason for the deletion is because it is
superfluous language as a result of changes made in the 77th Legislative session
(HB1216) that clarified the definition of artist.
No comments were received regarding adoption of these amendments.
The adopted amendments will function by providing the public and industry
with current information as well as by having a clearer definition of artist.
The amendments are adopted under the Texas Occupations Code,
Chapter 51, §51.203 and Texas Occupations Code, Chapter 2105, §2105.002.
The Department interprets §51.203 as authorizing the Commissioner to
adopt rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department. The Department interprets §2105.002
as authorizing the Department to adopt rules as necessary to implement this
chapter and administer the registration program created under this chapter.
The statutory provision affected by this adoption is Texas Occupations
Code, Chapter 51, §51.203 and Texas Occupations Code, Chapter 2105, §2105.002.
No other statutes, articles, or codes are affected by the adoption.
§78.30.Exemptions.
The term "talent agency" does not apply to:
(1)
a person who obtains or attempts to obtain employment for
himself.
(2)
an organized labor union that represents artists and whose
efforts to obtain or attempt to obtain employment for its members is incidental
to representing its members.
(3)
a person who, without assessing a fee, operates a talent
agency in conjunction with the person's own business, or as the authorized
representative for a bona fide employer, for the exclusive purpose of employing
artists for use in or for that business, or by that employer.
(4)
attorneys licensed to practice who represent artists, strictly
as legal advisors and not as managers.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 3, 2001.
TRD-200103840
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: July 23, 2001
Proposal publication date: January 26, 2001
For further information, please call: (512) 463-7348