CHAPTER 1702. PRIVATE SECURITY
OCCUPATIONS CODETITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITYCHAPTER 1702. PRIVATE SECURITYSUBCHAPTER A. GENERAL PROVISIONSSec. 1702.001. SHORT TITLE. This chapter may be cited as the Private Security Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.551(b), eff. Sept. 1, 2001.
Sec. 1702.002. DEFINITIONS. In this chapter:(1) "Alarm system" means:(A) electronic equipment and devices designed to detect or signal:(i) an unauthorized entry or attempted entry of a person or object into a residence, business, or area monitored by the system; or(ii) the occurrence of a robbery or other emergency;(B) electronic equipment and devices using a computer or data processor designed to control the access of a person, vehicle, or object through a door, gate, or entrance into the controlled area of a residence or business; or(C) a television camera or still camera system that:(i) records or archives images of property or individuals in a public or private area of a residence or business; or(ii) is monitored by security personnel or services.(1-a) For purposes of Subdivision (1), the term "alarm system" does not include a telephone entry system, an operator for opening or closing a residential or commercial gate or door, or an accessory used only to activate a gate or door, if the system, operator, or accessory is not connected to an alarm system.(1-a) For purposes of Subdivision (1), the term "alarm system" does not include a telephone entry system, an operator for opening or closing a residential or commercial gate or door, or an accessory used only to activate a gate or door, if the system, operator, or accessory is not connected to a computer or data processor that records or archives the voice, visual image, or identifying information of the user.(1-b) "Board" means the Texas Private Security Board.(2) "Branch office" means an office that is:(A) identified to the public as a place from which business is conducted, solicited, or advertised; and(B) at a place other than the principal place of business as shown in board records.(3) "Branch office license" means a permit issued by the board that entitles a person to operate at a branch office as a security services contractor or investigations company.(4) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(1), eff. September 1, 2009.(5) "Commissioned security officer" means a security officer to whom a security officer commission has been issued by the board.(5-a) "Department" means the Department of Public Safety of the State of Texas.(6) "Detection device" means an electronic device used as a part of an alarm system, including a control, communications device, motion detector, door or window switch, sound detector, vibration detector, light beam, pressure mat, wiring, or similar device.(6-a) "Electronic access control device" means an electronic, electrical, or computer-based device, including a telephone entry system, that allows access to a controlled area of a business, but that is not monitored by security personnel or services and does not send a signal to which law enforcement or emergency services respond. The term does not include:(A) a mechanical device, such as a deadbolt or lock; or(B) an operator for opening or closing a commercial gate or door or an accessory, such as a fixed or portable transmitter, card-reader, or keypad, if the operator or accessory is used only to activate the gate or door and is not connected to an alarm system.(6-b) "Endorsement" means a permit entitling an individual holding a registration to perform a service regulated by this chapter for an appropriately licensed company.(7) "Extra job coordinator" means a peace officer who:(A) is employed full-time by the state or a political subdivision of the state; and(B) schedules other peace officers to provide guard, patrolman, or watchman services in a private capacity who are:(i) employed full-time by the state or a political subdivision of the state; and(ii) not employed by the extra job coordinator.(8) "Firearm" has the meaning assigned by Section 46.01, Penal Code.(9) "Insurance agent" means:(A) a person licensed under Subchapter B, C, D, or E, Chapter 4051, or Chapter 981, Insurance Code;(B) a salaried, state, or special agent; or(C) a person authorized to represent an insurance fund or pool created by a local government under Chapter 791, Government Code.(10) "Investigations company" means a person who performs the activities described by Section 1702.104.(11) "Letter of authority" means a permit issued by the board that entitles the security department of a private business or a political subdivision to employ a commissioned security officer.(12) "License" means a permit issued by the board that entitles a person to operate as a security services contractor or investigations company.(13) "License holder" means a person to whom the board issues a license.(14) "Manager" means an officer or supervisor of a corporation or a general partner of a partnership who has the experience required by Section 1702.119 to manage a security services contractor or an investigations company.(15) "Peace officer" means a person who is a peace officer under Article 2.12, Code of Criminal Procedure.(16) "Person" includes an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. Section 311.005(2), Government Code, does not apply to this subdivision.(16-a) "Personal protection officer" means a person who performs the activities described by Section 1702.202.(17) "Personal protection officer endorsement" means a permit issued by the board that entitles an individual to act as a personal protection officer.(18) "Private investigator" means an individual who performs one or more services described by Section 1702.104.(19) "Registrant" means an individual who has registered with the board under Section 1702.221.(20) "Registration" means a permit issued by the board to an individual described by Section 1702.221.(20-a) "Security officer" means a person who performs the activities described by Section 1702.222.(21) "Security officer commission" means an authorization issued by the board that entitles a security officer to carry a firearm.(22) "Security services contractor" means a person who performs the activities described by Section 1702.102.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.552, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 898, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 936, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.545, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.01, eff. Oct. 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 728, Sec. 11.151, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 1155, Sec. 1, eff. June 18, 2005.Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001(58-a), eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.01, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(1), eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.01, eff. September 1, 2009.
Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The board, in addition to performing duties required by other law or exercising powers granted by other law:(1) licenses investigations companies and security services contractors;(2) issues commissions to certain security officers;(3) issues endorsements to certain security officers engaged in the personal protection of individuals;(4) registers and endorses:(A) certain individuals connected with a license holder; and(B) certain individuals employed in a field connected to private investigation or private security; and(5) regulates license holders, security officers, registrants, and endorsement holders under this chapter.(b) The board shall adopt rules necessary to comply with Chapter 53. In its rules under this section, the board shall list the specific offenses for each category of regulated persons for which a conviction would constitute grounds for the board to take action under Section 53.021.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.554, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 1, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.02, eff. September 1, 2009.
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board created under Section 1702.021 is a part of the department. The department shall administer this chapter through the board.(b) A reference in this chapter or another law to the Texas Commission on Private Security means the board.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.02, eff. Oct. 20, 2003.
Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.04, eff. September 1, 2009.
SUBCHAPTER B. TEXAS PRIVATE SECURITY BOARDSec. 1702.021. BOARD MEMBERSHIP. (a) The Texas Private Security Board consists of seven members appointed by the governor with the advice and consent of the senate as follows:(1) four public members, each of whom is a citizen of the United States;(2) one member who is licensed under this chapter as a private investigator;(3) one member who is licensed under this chapter as an alarm systems company; and(4) one member who is licensed under this chapter as the owner or operator of a guard company.(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.556, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 34.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.03, eff. Oct. 20, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.04, eff. September 1, 2009.
Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The board's public members must be representatives of the general public. A person may not be a public member of the board if the person or the person's spouse:(1) is registered, commissioned, certified, or licensed by a regulatory agency in the field of private investigations or private security;(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board;(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board; or(4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.558, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.05, eff. September 1, 2009.
Sec. 1702.024. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.(b) A person may not be a board member, and may not be a department employee whose primary duties include private security regulation and who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of private investigation or private security; or(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private investigation or private security.(c) A person may not be a board member or act as general counsel to the board or agency if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.559, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.06, eff. September 1, 2009.
Sec. 1702.025. TERMS; VACANCIES. (a) The board members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year.(b) If a vacancy occurs during the term of a board member, the governor shall appoint a new member to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.560(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 34.02, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.
Sec. 1702.026. OFFICERS. (a) The governor shall designate one board member as presiding officer to serve in that capacity at the will of the governor. The governor shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age, or national origin.(b) The board shall elect from among its members an assistant presiding officer and a secretary to serve two-year terms beginning on September 1 of each odd-numbered year.(c) The presiding officer of the board or, in the absence of the presiding officer, the assistant presiding officer shall preside at each board meeting and perform the other duties prescribed by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.561(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.
Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member:(1) does not have the qualifications required by Section 1702.021 at the time of taking office;(2) does not maintain the qualifications required by Section 1702.021 during service on the board;(3) is ineligible for membership under Section 1702.023 or 1702.024;(4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or(5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.(b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c) If the chief administrator has knowledge that a potential ground for removal exists, the chief administrator shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the chief administrator shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.562, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.07, eff. September 1, 2009.
Sec. 1702.028. PER DIEM; REIMBURSEMENT. (a) A board member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of the board.(b) A member is entitled to reimbursement for travel expenses incurred while conducting board business, including expenses for transportation, meals, and lodging, as prescribed by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.563, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.08, eff. September 1, 2009.
Sec. 1702.029. MEETINGS. The board shall meet at regular intervals to be decided by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.564, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.09, eff. September 1, 2009.
Sec. 1702.030. TRAINING. (a) A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member in attendance at a board meeting until the person completes a training program that complies with this section.(b) The training program must provide the person with information regarding:(1) this chapter;(2) the programs operated by the board;(3) the role and functions of the board;(4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;(5) the current budget for the board;(6) the results of the most recent formal audit of the board;(7) the requirements of:(A) the open meetings law, Chapter 551, Government Code;(B) the public information law, Chapter 552, Government Code;(C) the administrative procedure law, Chapter 2001, Government Code; and(D) other laws relating to public officials, including conflict of interest laws; and(8) any applicable ethics policies adopted by the board or the Texas Ethics Commission.(c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.565(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.10, eff. September 1, 2009.
SUBCHAPTER C. CHIEF ADMINISTRATOR AND PERSONNELSec. 1702.041. CHIEF ADMINISTRATOR. (a) The chief administrator is responsible for the administration of this chapter under the direction of the board. The chief administrator shall perform duties as prescribed by the board and the department.(b) The chief administrator is a full-time employee of the department. A board member may not serve as chief administrator.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.566, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.12, eff. September 1, 2009.
Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An employee of the department whose primary duties include private security regulation may not:(1) have a financial or business interest, contingent or otherwise, in a security services contractor or investigations company; or(2) be licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.567, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.13, eff. September 1, 2009.
Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the chief administrator and staff of the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.568, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.14, eff. September 1, 2009.
Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The chief administrator or the chief administrator's designee shall provide to board members and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.569, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.15, eff. September 1, 2009.
Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall designate a department employee who shall report directly to the board. The employee designated under this section shall provide administrative assistance to the board in the performance of the board's duties.
Added by Acts 2005, 79th Leg., Ch. 1278, Sec. 1, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.02, eff. September 1, 2009.
SUBCHAPTER D. POWERS AND DUTIES OF BOARDSec. 1702.061. GENERAL POWERS AND DUTIES OF BOARD. (a) The board shall perform the functions and duties provided by this chapter.(b) The board shall adopt rules and general policies to guide the agency in the administration of this chapter.(c) The rules and policies adopted by the board under Subsection (b) must be consistent with this chapter and other board rules adopted under this chapter and with any other applicable law, state rule, or federal regulation.(d) The board has the powers and duties to:(1) determine the qualifications of license holders, registrants, endorsement holders, and commissioned security officers;(2) investigate alleged violations of this chapter and of board rules;(3) adopt rules necessary to implement this chapter; and(4) establish and enforce standards governing the safety and conduct of each person licensed, registered, or commissioned under this chapter.(e) The board shall have a seal in the form prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.573(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.17, eff. September 1, 2009.
Sec. 1702.0611. RULEMAKING PROCEDURES. (a) The board may only adopt rules under this chapter on the approval of the Public Safety Commission as provided by this section.(b) Before adopting a rule under this chapter, the board must:(1) determine the need for the proposed rule;(2) work with persons who will be affected by the rule to ensure consideration of all relevant issues regarding the proposed rule;(3) consult with an attorney in the department's regulatory licensing service to draft the rule and ensure that the proposed rule complies with statutory requirements regarding administrative rules; and(4) submit the proposed rule to the department's general counsel, director, and chief accountant for consideration of the proposed rule's impact on the department and to ensure that the proposed rule is within the board's authority.(c) On the completion of the required publication and comment periods under Chapter 2001, Government Code, the Public Safety Commission shall:(1) return the proposed rule to the board if:(A) the commission identifies a problem with the rule that must be resolved before the rule is approved; or(B) a comment requiring resolution is received during the comment period; or(2) place the rule on the commission's agenda for final approval during the commission's next regularly scheduled meeting.(d) On approval of the proposed rule by the Public Safety Commission, the department shall comply with the requirements of Chapter 2001, Government Code, for final adoption of the rule.
Added by Acts 2005, 79th Leg., Ch. 1278, Sec. 2, eff. September 1, 2005.
Sec. 1702.0612. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of:(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.(b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.(c) The board shall designate a trained person to:(1) coordinate the implementation of the policy adopted under Subsection (a);(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and(3) collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.18, eff. September 1, 2009.
Sec. 1702.062. FEES. (a) The board by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter. The fees may not produce unnecessary fund balances.(b) The board may charge a fee each time the board requires a person regulated under this chapter to resubmit a set of fingerprints for processing by the board during the application process for a license, registration, endorsement, or commission. The board shall set the fee in an amount that is reasonable and necessary to cover the administrative expenses related to processing the fingerprints.(c) A person whose pocket card has not expired is not eligible to receive from the board another pocket card in the same classification in which the pocket card is held.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.574, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 593, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1278, Sec. 3, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.19, eff. September 1, 2009.
Sec. 1702.063. BOARD USE OF FINES. The fines collected under this chapter may not be used to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.575, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.20, eff. September 1, 2009.
Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The board may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be registered as an electronic access control device installer.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.21, eff. September 1, 2009.
Sec. 1702.064. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person.(b) The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:(1) restricts the person's use of any medium for advertising;(2) restricts the person's personal appearance or use of the person's personal voice in an advertisement;(3) relates to the size or duration of an advertisement by the person; or(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.576, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.22, eff. September 1, 2009.
Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The board may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter.(b) Rules adopted under this section may:(1) authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the board; and(2) require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.577(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.23, eff. September 1, 2009.
Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON BOARD. Legal process and documents required by law to be served on or filed with the board must be served on or filed with the chief administrator at the designated office of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.579, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.24, eff. September 1, 2009.
Sec. 1702.067. BOARD RECORDS; EVIDENCE. An official record of the board or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.580, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.25, eff. September 1, 2009.
Sec. 1702.068. APPEAL BOND NOT REQUIRED. The board is not required to give an appeal bond in any cause arising under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.581, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.26, eff. September 1, 2009.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURESSec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The board shall prepare information of interest to consumers or recipients of services regulated under this chapter describing the board's regulatory functions and the procedures by which complaints are filed with and resolved by the board.(b) The board shall make the information available to the public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.583, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.27, eff. September 1, 2009.
Sec. 1702.082. COMPLAINTS. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.(b) The board shall make information available describing its procedures for complaint investigation and resolution.(c) The board shall periodically notify the complaint parties of the status of the complaint until final disposition.(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.28, eff. September 1, 2009.(e) On written request, the department shall inform the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the information would jeopardize an ongoing investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.584(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.28, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.03, eff. September 1, 2009.
Sec. 1702.083. PUBLIC PARTICIPATION. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.585, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.29, eff. September 1, 2009.
Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS. (a) The board shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the board the following information relating to a disciplinary action taken during the preceding three years regarding a person regulated by the board:(1) the identity of the person;(2) the nature of the complaint that was the basis of the disciplinary action taken against the person; and(3) the disciplinary action taken by the board.(b) In providing the information, the board shall present the information in an impartial manner, use language that is commonly understood, and, if possible, avoid jargon specific to the security industry.(c) The board shall update the information on a monthly basis.(d) The board shall maintain the confidentiality of information regarding the identification of a complainant.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.586(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.30, eff. September 1, 2009.
Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records maintained by the department under this chapter on the home address, home telephone number, driver's license number, or social security number of an applicant or a license holder, registrant, or security officer commission holder are confidential and are not subject to mandatory disclosure under Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 2, eff. September 1, 2007.
SUBCHAPTER F. LICENSING AND DUTIES OF INVESTIGATIONS COMPANIES AND SECURITY SERVICES CONTRACTORSSec. 1702.101. INVESTIGATIONS COMPANY LICENSE REQUIRED. Unless the person holds a license as an investigations company, a person may not:(1) act as an investigations company;(2) offer to perform the services of an investigations company; or(3) engage in business activity for which a license is required under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 1702.102. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license as a security services contractor, a person may not:(1) act as an alarm systems company, armored car company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;(2) offer to perform the services of a company in Subdivision (1); or(3) engage in business activity for which a license is required under this chapter.(b) A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 3, eff. September 1, 2007.
Sec. 1702.1025. ELECTRONIC ACCESS CONTROL DEVICE COMPANY LICENSE REQUIRED; SCOPE OF LICENSE. (a) Unless the person holds a license as an electronic access control device company, a person may not:(1) act as an electronic access control device company;(2) offer to perform the services of an electronic access control device company; or(3) engage in business activity for which a license is required under this chapter.(b) A person licensed as an electronic access control device company may not install alarm systems unless otherwise licensed or registered to install alarm systems under this chapter.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 3, eff. Jan. 1, 2004.
Sec. 1702.103. CLASSIFICATION AND LIMITATION OF LICENSES. (a) The license classifications are:(1) Class A: investigations company license, covering operations of an investigations company;(2) Class B: security services contractor license, covering operations of a security services contractor;(3) Class C: covering the operations included within Class A and Class B;(4) Class F: level III training school license;(5) Class O: alarm level I training school license;(6) Class P: private business letter of authority license;(7) Class X: government letter of authority license; and(8) Class T: telematics license.(b) A license described by this chapter does not authorize the license holder to perform a service for which the license holder has not qualified. A person may not engage in an operation outside the scope of that person's license. The board shall indicate on the license the services the license holder is authorized to perform. The license holder may not perform a service unless it is indicated on the license.(c) A license is not assignable unless the assignment is approved in advance by the board.(d) The board shall prescribe by rule the procedure under which a license may be terminated.(e) The board by rule may establish other license classifications for activities expressly regulated by this chapter and may establish qualifications and practice requirements consistent with this chapter for those license classifications.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.587, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 936, Sec. 4, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.31, eff. September 1, 2009.
Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts as an investigations company for the purposes of this chapter if the person:(1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:(A) crime or wrongs done or threatened against a person, state, or the United States;(B) the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;(C) the location, disposition, or recovery of lost or stolen property; or(D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;(2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;(3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or(4) engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.(b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public. The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if:(1) the review or analysis of computer-based data is performed only to diagnose a computer or software problem;(2) there is no intent to obtain or furnish information described by Subsection (a)(1); and(3) the discovery of any information described by Subsection (a)(1) is inadvertent.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 4, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.32, eff. September 1, 2009.
Sec. 1702.1045. PRIVATE SECURITY CONSULTING COMPANY. A person acts as a private security consulting company for purposes of this chapter if the person:(1) consults, advises, trains, or specifies or recommends products, services, methods, or procedures in the security or loss prevention industry;(2) provides a service described by Subdivision (1) on an independent basis and without being affiliated with a particular service or product; and(3) meets the experience requirements established by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.626(a), eff. Sept. 1, 2001.Redesignated from Occupations Code, Section 1702.226 and amended by Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 11, eff. September 1, 2007.
Sec. 1702.105. ALARM SYSTEMS COMPANY. A person acts as an alarm systems company for the purposes of this chapter if the person sells, installs, services, monitors, or responds to an alarm system or detection device.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 1702.1055. ELECTRONIC ACCESS CONTROL DEVICE COMPANY. A person acts as an electronic access control device company for the purposes of this chapter if the person installs or maintains an electronic access control device.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 5, eff. Sept. 1, 2003.
Sec. 1702.1056. LOCKSMITH COMPANY. (a) A person acts as a locksmith company for the purposes of this chapter if the person:(1) sells, installs, services, or maintains, or offers to sell, install, service, or maintain, mechanical security devices, including deadbolts and locks;(2) advertises services offered by the company using the term "locksmith"; or(3) includes the term "locksmith" in the company's name.(b) This section does not apply to a hotel, as that term is defined by Section 156.001, Tax Code.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 5, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1102, Sec. 1, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.05, eff. September 1, 2009.
Sec. 1702.106. ARMORED CAR COMPANY. A person acts as an armored car company for the purposes of this chapter if the person provides secured and protected transportation of valuables, including money, coins, bullion, securities, bonds, or jewelry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 1702.107. COURIER COMPANY. A person acts as a courier company for purposes of this chapter if the person transports or offers to transport under armed guard an item that requires expeditious delivery, including a document, map, stock, bond, or check.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 1702.108. GUARD COMPANY. A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:(1) prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;(2) prevent, observe, or detect unauthorized activity on private property;(3) control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;(4) protect an individual from bodily harm including through the use of a personal protection officer; or(5) perform a function similar to a function listed in this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.588, eff. Sept. 1, 2001.
Sec. 1702.109. GUARD DOG COMPANY. A person acts as a guard dog company for the purposes of this chapter if the person places, rents, sells, or trains a dog used to:(1) protect an individual or property; or(2) conduct an investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 1702.110. APPLICATION FOR LICENSE. (a) An application for a license under this chapter must be in the form prescribed by the board and include:(1) the full name and business address of the applicant;(2) the name under which the applicant intends to do business;(3) a statement as to the general nature of the business in which the applicant intends to engage;(4) a statement as to the classification for which the applicant requests qualification;(5) if the applicant is an entity other than an individual, the full name and residence address of each partner, officer who oversees the security-related aspects of the business, and director of the applicant, and of the applicant's manager;(6) if the applicant is an individual, two classifiable sets of fingerprints of the applicant or, if the applicant is an entity other than an individual, of each officer who oversees the security-related aspects of the business and of each partner or shareholder who owns at least a 25 percent interest in the applicant;(7) a verified statement of the applicant's experience qualifications in the particular classification in which the applicant is applying;(8) a report from the department stating the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense;(9) the social security number of the individual making the application; and(10) other information, evidence, statements, or documents required by the board.(b) An applicant for a license as a security services contractor shall maintain a physical address within this state and provide that address to the board. The board shall adopt rules to enable an out-of-state license holder to comply with this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.589, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.06, eff. September 1, 2009.
Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A license holder, in accordance with Section 1702.129, shall notify the board in writing of the establishment of a branch office and file in writing with the board the address of the branch office.(b) On application by a license holder, the board shall issue a branch office license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.590, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.33, eff. September 1, 2009.
Sec. 1702.112. FORM OF LICENSE. The board shall prescribe the form of a license, including a branch office license. The license must include:(1) the name of the license holder;(2) the name under which the license holder is to operate;(3) the license number and the date the license was issued; and(4) a photograph of the license holder, affixed to the license at the time the license is issued by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.591, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.07, eff. September 1, 2009.
Sec. 1702.113. GENERAL QUALIFICATIONS FOR LICENSE, CERTIFICATE OF REGISTRATION, OR SECURITY OFFICER COMMISSION. (a) An applicant for a license, certificate of registration, endorsement, or security officer commission or the applicant's manager must be at least 18 years of age and must not:(1) at the time of application be charged with the commission of a Class A misdemeanor or felony offense, under an information or indictment;(2) have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency;(3) have been dishonorably discharged from the United States armed services, discharged from the United States armed services under other conditions determined by the board to be prohibitive, or dismissed from the United States armed services if a commissioned officer in the United States armed services; or(4) be required to register in this or any other state as a sex offender, unless the applicant is approved by the board under Section 1702.3615.(b) An applicant is ineligible for a license, certificate of registration, or commission if the applicant has charges pending for or has been convicted in any jurisdiction of a Class B misdemeanor for an offense determined by the board to be disqualifying if the fifth anniversary of the date of conviction has not occurred before the date of application, unless a full pardon has been granted for reasons relating to a wrongful conviction.(c) For purposes of this section, an offense under the laws of this state, another state, or the United States is considered a Class B misdemeanor if the offense is not a felony or Class A misdemeanor and the offense:(1) at the time of conviction was designated by a law of this state as a Class B misdemeanor;(2) contains all the elements of an offense designated by a law of this state as a Class B misdemeanor; or(3) provides as a possible punishment confinement in a jail other than a state jail felony facility.(d) For purposes of this section, "convicted" has the meaning provided in Section 1702.371.(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(7), eff. September 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.592(a), eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 5, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.34, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(7), eff. September 1, 2009.
Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to engage in the business of an investigations company or the applicant's manager must have, before the date of the application, three consecutive years' experience in the investigative field as an employee, manager, or owner of an investigations company or satisfy other requirements set by the board.(b) The applicant's experience must be:(1) reviewed by the board or the chief administrator; and(2) determined to be adequate to qualify the applicant to engage in the business of an investigations company.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.593, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.35, eff. September 1, 2009.
Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to engage in the business of a security services contractor or the applicant's manager must have, before the date of the application, two consecutive years' experience in each security services field for which the person applies as an employee, manager, or owner of a security services contractor or satisfy other requirements set by the board.(b) The applicant's experience must have been obtained legally and must be:(1) reviewed by the board or the chief administrator; and(2) determined to be adequate to qualify the applicant to engage in the business of a security services contractor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.594, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.36, eff. September 1, 2009.
Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY LICENSE; INSPECTIONS. (a) An applicant for a license to engage in the business of a guard dog company must:(1) meet the requirements of Sections 1702.113 and 1702.115; and(2) present evidence satisfactory to the board that the applicant will comply with the rules adopted under this section.(b) After consulting the Department of State Health Services, the board shall adopt rules to ensure that the areas in which a guard dog company houses, exercises, or trains its animals are securely enclosed by a six-foot chain-link fence or made equally secure.(c) The board shall conduct regular inspections to ensure compliance with the rules adopted under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.595, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.37, eff. September 1, 2009.
Sec. 1702.117. EXAMINATION. (a) The board shall require an applicant for a license under this chapter or the applicant's manager to demonstrate qualifications in the person's license classification, including knowledge of applicable state laws and board rules, by taking an examination to be determined by the board.(b) Payment of the application fee entitles the applicant or the applicant's manager to take one examination without additional charge. A person who fails the examination must pay a reexamination fee to take a subsequent examination.(c) The board shall set the reexamination fee in an amount not to exceed the amount of the renewal fee for the license classification for which application was made.(d) The board shall develop and provide to a person who applies to take the examination under Subsection (a) material containing all applicable state laws and board rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.596(a), eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.38, eff. September 1, 2009.
Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the board shall notify the person of the examination results.(b) If an examination is graded or reviewed by a testing service:(1) the board shall notify the person of the examination results not later than the 14th day after the date the board receives the results from the testing service; and(2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day.(c) The board may require a testing service to notify a person of the results of the person's examination.(d) If requested in writing by a person who fails a licensing examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.597, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.39, eff. September 1, 2009.
Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS. (a) The board may waive any prerequisite to obtaining a license for an applicant who holds a license issued by another jurisdiction with which this state has a reciprocity agreement.(b) The board may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.598, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.40, eff. September 1, 2009.
Sec. 1702.1186. PROVISIONAL LICENSE. (a) The board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks an equivalent license in this state and who:(1) has been licensed in good standing as an investigations company or security services contractor for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;(2) has passed a national or other examination recognized by the board relating to the practice of private investigations or security services contracting; and(3) is sponsored by a person licensed by the board under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license.(b) A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. The board shall issue a license under this chapter to the provisional license holder if:(1) the provisional license holder is eligible to be licensed under Section 1702.1183; or(2) the provisional license holder:(A) passes the part of the examination under Section 1702.117(a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of an investigations company or security services contractor in this state;(B) is verified by the board as meeting the academic and experience requirements for a license under this chapter; and(C) satisfies any other licensing requirements under this chapter.(c) The board must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The board may extend the 180-day period if the results of an examination have not been received by the board before the end of that period.(d) The board may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.598, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.41, eff. September 1, 2009.
Sec. 1702.119. MANAGER REQUIRED. (a) A license holder's business shall be operated under the direction and control of one manager. A license holder may not apply to designate more than one individual to serve as manager of the license holder's business.(b) An individual may not act as a manager until the individual has:(1) demonstrated the individual's qualifications by passing the written examination required by Section 1702.117(a); and(2) made a satisfactory showing to the department that the individual:(A) satisfies the requirements of Section 1702.113 and meets all qualification and experience requirements set by rule for a manager of the type of company for which the individual is applying; and(B) has not engaged in conduct regarding a violation or conviction that is grounds for disciplinary action under Section 1702.361(b) or 1702.3615(a).(c) If a manager lacks the experience to qualify to manage each category of service included in a license or application, the license holder must designate a supervisor qualified under Subsection (b) who is responsible for each service for which the manager is not qualified.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.599(a), eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 6, eff. September 1, 2007.
Sec. 1702.120. FALSE APPLICATION OF MANAGER. (a) An individual may not:(1) serve as manager of an investigations company, guard company, alarm systems company, armored car company, courier company, or guard dog company; and(2) fail to maintain that supervisory position on a daily basis for that company.(b) An individual may not apply to the board to serve as manager of an investigations company, guard company, alarm systems company, armored car company, courier company, or guard dog company without the intent to maintain that supervisory position on a daily basis for that company.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.600, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.42, eff. September 1, 2009.
Sec. 1702.121. TERMINATION OF MANAGER. (a) A license holder shall notify the board in writing not later than the 14th day after the date a manager ceases to be manager of the license holder's business. The license remains in effect for a reasonable period after notice is given as provided by board rule pending the board's determination of the qualification of another manager under this subchapter.(b) A manager shall be immediately terminated on the effective date of any summary action taken against the manager. Any period of temporary operation authorized under this section or Section 1702.122 starts on the date of termination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.601, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.08, eff. September 1, 2009.
Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S BUSINESS. Under the terms provided by board rule, a license holder's business may continue for a temporary period if the individual on the basis of whose qualifications a license under this chapter has been obtained ceases to be connected with the license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.602, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.43, eff. September 1, 2009.
Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall maintain on file with the board at all times the surety bond and certificate of insurance required by this chapter.(b) The board shall immediately suspend the license of a license holder who violates Subsection (a).(c) The board may rescind the license suspension if the license holder provides proof to the board that the bond or the insurance coverage is still in effect. The license holder must provide the proof in a form satisfactory to the board not later than the 10th day after the date the license is suspended.(d) After suspension of the license, the board may not reinstate the license until an application, in the form prescribed by the board, is filed accompanied by a proper bond, insurance certificate, or both. The board may deny the application notwithstanding the applicant's compliance with this section:(1) for a reason that would justify suspending, revoking, or denying a license; or(2) if, during the suspension, the applicant performs a practice for which a license is required.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.603, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.44, eff. September 1, 2009.
Sec. 1702.124. INSURANCE REQUIREMENT. (a) An applicant is not eligible for a license unless the applicant provides as part of the application:(1) a certificate of insurance or other documentary evidence of a general liability insurance policy countersigned by an insurance agent licensed in this state; or(2) a certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state.(b) The general liability insurance policy must be conditioned to pay on behalf of the license holder damages that the license holder becomes legally obligated to pay because of bodily injury, property damage, or personal injury, caused by an event involving the principal, or an officer, agent, or employee of the principal, in the conduct of any activity or service for which the license holder is licensed under this chapter.(c) The insurance policy must contain minimum limits of:(1) $100,000 for each occurrence for bodily injury and property damage;(2) $50,000 for each occurrence for personal injury; and(3) a total aggregate amount of $200,000 for all occurrences.(d) A person who is licensed to install and service fire alarms under Article 5.43-2, Insurance Code, complies with the insurance requirements of this section by complying with the insurance requirement of that article if the insurance held by the applicant complies with the requirements of this section in amounts and types of coverage.(e) An insurance certificate executed and filed with the department under this chapter remains in effect until the insurer terminates future liability by providing to the department at least 10 days' notice of the intent to terminate liability.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.604, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 936, Sec. 6, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.546, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 906, Sec. 7, eff. September 1, 2007.
Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed with the board under this chapter remains in effect until the surety terminates future liability by providing to the board at least 30 days' notice of the intent to terminate liability.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.605, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146