Title OC, Occupations Code

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 (H.B. 2730), Sec. 4B.04, eff. September 1, 2009. S…

Sec. 1702.021. COMMITTEE MEMBERSHIP; APPLICABILITY OF OTHER LAW. (a) The Texas Private Security Advisory Committee consists of seven members appointed by the commission as follows: (1) three public members, each of whom is a citizen of the United States; (2) one member who is lic…

Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The committee's public members must be representatives of the general public. A person may not be a public member of the committee if the person or the person's spouse: (1) is registered, commissioned, certified, or licensed by a regu…

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 dealin…

Sec. 1702.025. TERMS; VACANCIES. (a) The committee 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 committee member, the commission shall appoint a new me…

Sec. 1702.026. OFFICERS. (a) The commission shall designate one committee member as presiding officer to serve in that capacity at the will of the commission. The commission shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age…

Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the committee that a member: (1) does not have the qualifications required by Section 1702.021 at the time of appointment; (2) does not maintain the qualifications required by Section 1702.021 during service …

Sec. 1702.028. REIMBURSEMENT. A committee member may not receive compensation for service on the advisory committee but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions as a member of the committee, subject to the General Appropr…

Sec. 1702.029. MEETINGS. The committee shall meet at least quarterly. 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 (H.B. 2730), Sec. 4.09, ef…

Sec. 1702.031. DUTIES OF ADVISORY COMMITTEE. The committee shall provide advice and recommendations to the department and commission on technical matters relevant to the administration of this chapter and the regulation of private security industries. Added by Acts 2019, 86th Leg…

Sec. 1702.032. COMMISSION LIAISON. The commission shall designate a commission member to serve as a liaison to the committee. Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.013, eff. September 1, 2019. SUBCHAPTER C. CHIEF ADMINISTRATOR AND PERSONNEL

Sec. 1702.041. CHIEF ADMINISTRATOR. (a) The chief administrator is responsible for the administration of this chapter under the direction of the public safety director. The chief administrator shall perform duties as prescribed by the public safety director. (b) The chief adminis…

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) …

Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The chief administrator or the chief administrator's designee shall provide to committee members and to department employees, as often as necessary, information regarding the requirements for service as a committ…

Sec. 1702.061. GENERAL POWERS AND DUTIES. (a) The commission shall adopt rules and general policies to guide the department in the administration of this chapter. (b) The rules and policies adopted by the commission under Subsection (a) must be consistent with this chapter and ot…

Sec. 1702.062. FEES. (a) The commission 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 department may charge a fee each time the department requires a pe…

Sec. 1702.063. 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 2019, 86th Leg.,…

Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The commission 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 licensed as an electronic acces…

Sec. 1702.064. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a) The commission may not adopt rules restricting advertising or competitive bidding by a person regulated under this chapter except to prohibit false, misleading, or deceptive practices by the person. (b) The …

Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The commission 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…

Sec. 1702.067. RECORDS; EVIDENCE. An official record of the department related to this chapter 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 department. Acts 1999, 76th Leg., ch. 388, Sec.…

Sec. 1702.068. APPEAL BOND NOT REQUIRED. The department 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 b…

Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS. (a) The department shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the department the following information relating…

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 company license holder, individual license holder, or security of…

Sec. 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 w…

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, or locksmith compan…

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 se…

Sec. 1702.103. CLASSIFICATION AND LIMITATION OF COMPANY LICENSES. (a) The company 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 …

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 do…

Sec. 1702.105. ALARM SYSTEMS COMPANY. (a) 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. (b) An alarm systems company may sell, install, maintain, or…

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. Se…

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; (…

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, Se…

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…

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 con…

Sec. 1702.110. APPLICATION FOR COMPANY LICENSE. (a) An application for a company license under this chapter must be in the form prescribed by the department and include: (1) the full name and business address of the applicant; (2) the name under which the applicant intends to do …

Sec. 1702.112. FORM OF COMPANY LICENSE. The department shall prescribe the form of a company license. The company license must include: (1) the name of the company license holder; (2) the name under which the company license holder is to operate; (3) the company license number an…

Sec. 1702.113. GENERAL QUALIFICATIONS FOR COMPANY LICENSE OR SECURITY OFFICER COMMISSION. (a) An applicant for a company license or security officer commission must be at least 18 years of age and must not: (1) at the time of application be charged under an information or indictm…

Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a company license to engage in the business of an investigations company must have, before the date of the application, three consecutive years' experience in the investigative field…

Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY SERVICES CONTRACTOR LICENSE. (a) An applicant for a company license to engage in the business of a security services contractor must have, before the date of the application, two consecutive years' experience in each security …

Sec. 1702.117. EXAMINATION. (a) The department shall require an applicant for a company license under this chapter to demonstrate qualifications in the person's company license classification, including knowledge of applicable state laws and commission rules, by taking an examina…

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 department shall notify the person of the examination results. (b) If an examination is graded or reviewed by a testing service: (1) t…

Sec. 1702.1183. RECIPROCAL COMPANY LICENSE FOR CERTAIN APPLICANTS. (a) The department may waive any prerequisite to obtaining a company license for an applicant who holds a company license issued by another jurisdiction with which this state has a reciprocity agreement. (b) The c…

Sec. 1702.1186. PROVISIONAL COMPANY LICENSE. (a) The department may issue a provisional company license to an applicant currently licensed in another jurisdiction who seeks an equivalent company license in this state and who: (1) has been licensed in good standing as an investiga…

Sec. 1702.122. TEMPORARY CONTINUATION OF COMPANY LICENSE HOLDER'S BUSINESS. Under the terms provided by commission rule, a company license holder's business may continue for a temporary period if the individual on the basis of whose qualifications a company license under this cha…

Sec. 1702.123. INSURANCE; BOND. (a) A company license holder shall maintain on file with the department at all times the surety bond and certificate of insurance required by this chapter. (b) The commission shall immediately suspend the company license of a company license holder…