Title OC, Occupations Code

Sec. 1701.455. SUBPOENA. Information submitted to the commission under this subchapter is subject to subpoena only in a judicial proceeding. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 399 (S.B. 545), Sec. 5, eff. Septemb…

Sec. 1701.456. IMMUNITY FROM LIABILITY. (a) The commission is not liable for civil damages for providing information contained in a report maintained by the commission under this subchapter if the commission released the information as provided by this subchapter. (b) A law enfor…

Sec. 1701.457. LIMITATION ON COMMISSION AUTHORITY. This subchapter does not authorize the commission to review disciplinary action taken by a law enforcement agency against a person licensed under this chapter or to issue a subpoena to compel the production of a document prepared…

Sec. 1701.458. VENUE. Venue for the prosecution of an offense under Section 37.10, Penal Code, that arises from a report required under this subchapter lies in the county where the offense occurred or in Travis County. Added by Acts 2007, 80th Leg., R.S., Ch. 1068 (H.B. 2445), Se…

Sec. 1701.501. DISCIPLINARY ACTION. (a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapter; (2) the reporting requ…

Sec. 1701.5011. EMERGENCY SUSPENSION. (a) The commission shall adopt rules specifying the circumstances under which the commission may issue an emergency order, without a hearing, suspending a person's license for a period not to exceed 90 days after determining that the person c…

Sec. 1701.502. FELONY CONVICTION OR PLACEMENT ON COMMUNITY SUPERVISION. (a) The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of a felony. (b) The commission shall immediately suspend the license of a person licensed unde…

Sec. 1701.503. BARRATRY CONVICTION. The commission shall immediately revoke the license of a person licensed under this chapter who is convicted of barratry under Section 38.12, Penal Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 1701.504. HEARING. (a) Except as provided by Sections 1701.502 and 1701.503, if the commission proposes to suspend or revoke a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings. (b) If the commission proposes to re…

Sec. 1701.505. ADMINISTRATIVE PROCEDURE. (a) Proceedings for a disciplinary action are governed by Chapter 2001, Government Code. (b) Rules of practice adopted by the commission under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may n…

Sec. 1701.506. APPEAL. (a) A person dissatisfied with an action of the commission may appeal the action under Chapter 2001, Government Code. The court shall set the matter for hearing not earlier than 10 days after written notice of the appeal is given to the commission and the c…

Sec. 1701.507. ADMINISTRATIVE PENALTIES. (a) In addition to other penalties imposed by law, a law enforcement agency or governmental entity that violates this chapter or a rule adopted under this chapter is subject to an administrative penalty in an amount set by the commission n…

Sec. 1701.551. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF CERTAIN PERSONS. (a) A person commits an offense if the person appoints or retains another person as an officer, county jailer, or telecommunicator in violation of Section 1701.301, 1701.303, 1701.306, or 1701.405. (…

Sec. 1701.552. CRIMINAL PENALTY FOR APPOINTMENT OF PERSON NOT CERTIFIED FOR INVESTIGATIVE HYPNOSIS. (a) A person commits an offense if the person appoints or retains another person in violation of Section 1701.403. (b) An offense under Subsection (a) is a misdemeanor punishable b…

Sec. 1701.553. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF PERSONS WITH CERTAIN CONVICTIONS. (a) A person commits an offense if the person appoints, employs, or retains an individual as an officer, public security officer, telecommunicator, or county jailer in violation of S…

Sec. 1701.554. VENUE. Venue for the prosecution of an offense that arises from a violation of this chapter or in connection with the administration of this chapter lies in the county where the offense occurred or in Travis County. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.…

Sec. 1701.601. DEFINITION. In this subchapter, "school resource officer" means a peace officer who is assigned by the officer's employing political subdivision to provide a police presence at a public school, safety or drug education to students of a public school, or other simil…

Sec. 1701.602. LICENSE REQUIRED. A peace officer who is a visiting school resource officer in a public school must be licensed as provided by this chapter. Added by Acts 2001, 77th Leg., ch. 923, Sec. 2, eff. Sept. 1, 2001.

Sec. 1701.603. FIREARMS ACCIDENT PREVENTION PROGRAM. (a) A peace officer who is a visiting school resource officer in a public elementary school shall at least once each school year offer to provide instruction to students in a firearms accident prevention program, as determined …

Sec. 1701.621. DEFINITIONS. In this subchapter: (1) "Law enforcement officer" means a person identified as a peace officer under Article 2.12(1), (2), (3), or (4), Code of Criminal Procedure. (2) "Peer" means a person who is a law enforcement officer or retired law enforcement of…

Sec. 1701.622. GENERAL POWERS AND DUTIES. (a) The commission shall develop a peer support network for law enforcement officers. The network must include: (1) peer-to-peer support; (2) training for peer service coordinators and peers that includes suicide prevention training; (3) …

Sec. 1701.623. CONTRACT WITH INSTITUTION OF HIGHER EDUCATION. The commission may contract with an institution of higher education that has appropriate expertise in mental health or law enforcement to develop the peer support network under this subchapter. Added by Acts 2021, 87th…

Sec. 1701.624. CONFIDENTIALITY OF PARTICIPANT INFORMATION. Information relating to a law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network is confidential and may not be disclosed under Chapter 552, Government Code, by: …

Sec. 1701.625. PROTECTIONS RELATED TO LICENSURE. A law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network may not: (1) serve as the basis for a revocation, suspension, or denial of a license issued under this chapter; or …

Sec. 1701.626. ANNUAL REPORT. Not later than December 1 of each year, the commission shall submit a report to the governor and the legislature that includes: (1) the number of law enforcement officers who received peer support through the peer support network for law enforcement …

Sec. 1701.701. DEFINITIONS. In this subchapter: (1) "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen. (2) "Epinephrine auto-injector" means a disposable medical drug delivery device that c…

Sec. 1701.702. ADMINISTRATION OF EPINEPHRINE. (a) A law enforcement agency may acquire and possess epinephrine delivery systems and a peace officer may possess and administer an epinephrine delivery system in accordance with this subchapter. (b) A peace officer may possess and ad…

Sec. 1701.703. PRESCRIPTION OF EPINEPHRINE. (a) A physician, or a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine delivery systems in the name of a law enforcement agency. (b) A physician or other person who pres…

Sec. 1701.704. MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEMS. A law enforcement agency that acquires and possesses epinephrine delivery systems under this subchapter shall adopt and implement a policy regarding the maintenance, administration, and disposal of the…

Sec. 1701.705. NOTIFICATION OF ADMINISTRATION OF EPINEPHRINE DELIVERY SYSTEM. After an officer administers an epinephrine delivery system under this subchapter, the law enforcement agency shall notify the physician or other person who prescribed the epinephrine delivery system of…

Sec. 1701.706. GIFTS, GRANTS, AND DONATIONS. A law enforcement agency may accept gifts, grants, donations, and federal and local money to implement this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.

Sec. 1701.707. NOT PRACTICE OF HEALTH CARE. The administration by a peace officer of an epinephrine delivery system to a person in accordance with the requirements of this subchapter or commission rules does not constitute the unlawful practice of any health care profession. Adde…

Sec. 1701.708. IMMUNITY FROM LIABILITY. (a) A person who in good faith takes, or fails to take, action relating to the prescription of an epinephrine delivery system to a law enforcement agency or the administration of an epinephrine delivery system by a peace officer is immune f…

Sec. 1701.709. GOVERNMENTAL IMMUNITY NOT WAIVED. This subchapter does not waive governmental immunity from suit or liability. Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.

Sec. 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 oc…

Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The department: (1) licenses investigations companies and security services contractors; (2) issues commissions to certain security officers; (3) licenses certain security officers engaged in the personal protection of individuals; …

Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY; REFERENCES. (a) The department shall administer this chapter. (b) A reference in this chapter or another law to the Texas Commission on Private Security or the Texas Private Security Board means the department. Added by Acts 2003, 78th …

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…