Texas Administrative Code

(a) Licensees shall maintain on file with the department their current mailing and principal place of business address. Notification shall be submitted in writing and received by the department within fourteen (14) days of the date of the change of address. (b) The department is …

(a) The administrative penalties in this section are guidelines to be used in enforcement proceedings under the Act. The fines are to be construed as maximum penalties only, and are subject to application of the factors provided in Texas Government Code, § 411.524 . Attached Grap…

(a) In the interest of creating a safe and drug-free work environment for clients and employees, all licensed companies shall establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy.'' (b) A copy of the com…

(a) Pursuant to the Act, the figure in this subsection details the fee schedule: Attached Graphic (b) An additional fee of $5.00 will be charged for any new application or renewal requiring the issuance of a new pocket card. (c) Fees collected are non-refundable and non-transfera…

The subscription fees detailed in this section are authorized under Texas Government Code, § 2054.252 . (1) Each individual licensee shall pay the following subscription fee for occupational license renewal: $2 for a $30 to $50 renewal and $3 for a $100 renewal. This fee is in ad…

(a) All commissioned and noncommissioned private security officers shall, at a minimum, display on their outermost garment the name of the company by which the security officer is employed, the word "Security," and the last name of the security officer. These items shall each be …

(a) Security and Personal Protection Officer Training. (1) The Level II training course shall be completed by all applicants for a security officer commission or for a license as a noncommissioned security officer. The course material shall be prepared or approved by the departme…

(a) An application for training school approval shall be submitted in the manner prescribed by the department. (b) To be approved, the school must: (1) Use the department's most current training manual; (2) Obtain approval of all instructors as provided under § 35.143 of this tit…

The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise: (1) Act--Texas Occupations Code, Chapter 1702. (2) Application--Includes an application for an original, renewal, duplicate or updated individual licens…

A change of name must be reported to the department within thirty (30) days of the effective date of change. The notice of the change shall be in writing, and shall include a certified copy of the legal document ordering the name change. Notes 37 Tex. Admin. Code § 35.28 The prov…

(a) Pursuant to §1702.230 of the Act, the pre-employment background check of the applicant described in subsection (c) of this section must be conducted when: (1) An application meeting the requirements of § 35.21 of this title (relating to Individual License Applications) is sub…

(a) An applicant for a personal protection license shall: (1) Submit a written application for a personal protection license on a form prescribed by the department; (2) Be at least twenty-one (21) years of age; (3) Either possess a valid security officer commission issued prior t…

Personal protection officer employers shall: (1) Issue the personal protection officer pocket card issued by the department to the personal protection officer; (2) Maintain on file for inspection all contracts for personal protection officer services; and (3) Maintain on file for…

(a) Personal protection officers must comply with all standards and requirements applicable to commissioned security officers, as provided in this chapter and the Act. (b) In addition, a personal protection officer shall not: (1) Perform personal protection officer duties for any…

When a licensed or commissioned employee of a company license holder is terminated for any conduct in violation of the Act or this chapter, the licensee shall notify the department of such conduct within fourteen (14) days of termination. The notification shall be submitted in th…

(a) To comply with the Act's requirements relating to documentary evidence of insurance coverage, the documents submitted to the department must specifically show: (1) That the insurance is applicable to the conduct for which the licensee is licensed; (2) The exclusions or endors…

A military service member who holds a license issued under the Act is entitled to two (2) years of additional time to complete: (1) Any continuing education requirements; and (2) Any other requirement related to the renewal of the military service member's license. Notes 37 Tex. …

This chapter does not apply to manufacturers, manufacturers' distributors, or installers of electronic access control devices whose sole intended purpose is to provide the public with convenient and unrestricted access, such as automatic pedestrian doors. Notes 37 Tex. Admin. Cod…

An individual who holds a license issued under the Act is exempt from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the license in a timely …

(a) An owner or employee of a retail establishment open to the general public may perform work on a mechanical security device within the confines of the establishment, provided the work is limited to servicing products sold by the establishment, or duplicating keys. (b) The inst…

Licensees and security departments of private businesses or political subdivisions registered with the department shall keep records of all employees licensed or commissioned under the Act. Any record required to be maintained under this chapter may be maintained in electronic fo…

To employ a commissioned private security officer or personal protection officer, a security department of a political subdivision must notify and register with the department as provided in §1702.181 of the Act. Notes 37 Tex. Admin. Code § 35.102 The provisions of this §35.102 a…

(a) To employ a commissioned security officer, a personal protection officer, or a noncommissioned security officer, a security department of a private business, as defined in the Act, must notify and register with the department as provided in §1702.181 of the Act. (b) A securit…

(a) A private investigator or commissioned security officer executing a capias or an arrest warrant on behalf of a bail bond surety may not: (1) enter a residence without the consent of the occupants; (2) fail to clearly identify themselves, both orally and by displaying their po…

(a) This section relates to Alcoholic Beverage Code §§ 11.61(b)(21) , 22.12 , 24.11 , 25.04(b) , 26.03(b) , 28.11 , 32.24 , 61.71(a)(30) , 69.13 , and 71.09 . (b) Except as provided in this subsection, a licensee or permittee shall report to the commission a breach of the peace o…

This chapter applies to any application under Texas Water Code, Chapter 5, Subchapter L, to issue temporary or emergency mandatory, permissive, or prohibitory orders. Notes 30 Tex. Admin. Code § 35.2 The provisions of this §35.2 adopted to be effective December 10, 1998, 23 TexRe…

(a) The commission or executive director may appoint a person by emergency order under Texas Water Code, § 5.507 and § 13.4132 , to temporarily manage and operate a utility that has discontinued or abandoned operations, or which is being referred to the attorney general for the a…

(a) The commission or executive director may compel a retail public utility that has obtained a certificate of public convenience and necessity to provide water or sewer service, or both, that complies with all statutory and regulatory requirements of the commission if necessary …

For the purposes of, and in the manner provided by this chapter, the commission may issue a temporary order; and the commission or the executive director may issue an emergency, mandatory, permissive, or prohibitory order; and the commission by temporary order, or the executive d…

Unless otherwise provided by this chapter, an emergency order issued under this chapter is limited to a reasonable time specified by the order, which may not exceed 180 days and may be renewed once for an additional period not to exceed 180 days by submittal of a new application.…

An emergency or temporary order issued under this chapter does not vest any rights in the permit holder or recipient and expires in accordance with its terms. Notes 30 Tex. Admin. Code § 35.23 The provisions of this §35.23 adopted to be effective December 10, 1998, 23 TexReg 1241…

(a) Whenever there is good reason to believe that the storage, processing, or disposal of hazardous waste should be authorized to alleviate an imminent and substantial endangerment to human health or safety or the environment; and if there are no alternative, permitted facilities…

(a) When an emergency exists as a result of a matter under the commission's jurisdiction that requires immediate action to protect the public health or safety or the environment, the commission or executive director may issue an emergency order under Texas Water Code, § 5.516 , a…

(a) In the event of an emergency, the commission or the executive director shall have the authority to impound or order the impoundment of radioactive material possessed by any person not equipped to observe or failing to observe the provisions of the Texas Radiation Control Act …

The commission shall set aside a proposed or issued order if it is not shown, in accordance with § 35.807 of this title (relating to Affirmation of an Emergency Order) or § 35.808 of this title (relating to Modification of an Emergency Order), that the order should be either affi…

If the commission finds that an emergency exists and that the public health and safety is endangered because the construction or operation of an on-site sewage facility (OSSF) does not comply with Texas Health and Safety Code, Chapter 366, or Chapter 285 of this title (relating t…

(a) This section implements Alcoholic Beverage Code § 5.361(a-2)(2) . (b) Notwithstanding § 35.3 (d) of this title, the commission will physically inspect each in-state licensed or permitted premises at least once every eight (8) years. Notes 16 Tex. Admin. Code § 35.2 Adopted by…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: (1) Approved laboratory - A State or Federal veterinary diagnostic laboratory for brucellosis testing that must be approved by USDA, APHIS, …

Regardless of the date on which a registration under this chapter is effective, the registration expires on March 1 of each year. Notes 7 Tex. Admin. Code § 35.15 The provisions of this §35.15 adopted to be effective January 3, 2008, 32 TexReg 9940

To renew a registration, a check verification entity must file a completed registration form pursuant to the instructions in § 35.13 of this title, on or before February 1 of each year. Notes 7 Tex. Admin. Code § 35.16 The provisions of this §35.16 adopted to be effective January…

A check verification entity must pay a $100 fee to the department when it initially submits a completed registration form to the department and then annually thereafter when it submits a form to renew its registration. Notes 7 Tex. Admin. Code § 35.14 The provisions of this §35.1…

(a) A check verification entity must complete and submit the registration form prescribed by the banking commissioner, which at a minimum, must include: (1) the full legal name, any assumed name, principal business address, mailing address, business telephone number, facsimile nu…

A check verification entity must register with the department and then renew the registration annually thereafter on forms prescribed by the department. Notes 7 Tex. Admin. Code § 35.12 The provisions of this §35.12 adopted to be effective January 3, 2008, 32 TexReg 9940

An entity is a check verification entity and must register with the banking commissioner if it: (1) is a consumer reporting agency as defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); (2) contracts with businesses in this state to recommend acceptance or rejectio…

(a) Collection of samples. Only veterinarians who are accredited by the United States Department of Agriculture, or their employees, or regularly employed representatives of the Texas Animal Health Commission or the United States Department of Agriculture are authorized to collec…

(a) Reactors. Reactor swine shall be identified with a red serially numbered reactor tag in the left ear and be sold to slaughter under state or federal permit (VS 1-27) within 15 days of the date they are identified as reactors. (Reactor herds under Plan 2, Chapter 35.47, may ha…

(a) Infected herds. All swine in infected herds must be confined to the premises under quarantine until the herd has been freed of brucellosis or sold for slaughter under permit. Three negative infected herd retests are required for release of quarantine, with the first retest oc…