it to apply to exempt attorneys' employees. Seesupra note 4. Given the passage of time and the legislature's failure to act to subject attorneys' employees to regulation, we question the 1971 amendment's legal relevance to this issue in2004. See Humble Oil & Ref: Co. v. Culvert,414 S.W.2d 172,180 (Tex. 1967) (when aparticular administrative construction of a statute is of long standing, it should not be changed in the absence of clear statutory authorization).
C. Chapter 1702's Application to Individuals
Lastly, in response to an argument made by the State Bar of Texas, you ask us to address whether chapter 1702 provides for the licensing of individuals as investigations companies. See Request Letter, supra note 1, at 2. Section 1702.101 states that "a person may not . act as an investigations company" unless the person "holds a license as an investigations company." TEX. Oct. CODE ANN. 5 1702.101 (Vernon 2004); see also id. 5 1702.104 (outlining conduct that constitutes acting as an investigations company). In chapter 1702, the term "person" is defined to include an "individual" as well as a "firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity." Id. 3 1702.002(16). Chapter 1702 provides for the licensing of both entities and individuals. See, e.g., id. $ 1702.110 (providing license application requirements for both entities and individuals). Accordingly, we agree with your assessment that chapter 1702 provides for an individual to obtain a license to act as an investigations company." As we have already concluded, however, an employee who works for an attorney who is exempt under section 1702,324(b)(9) does not act as an investigations company, but rather is employed by the attorney in connection with the attorney's legal practice, conduct which is not regulated by chapter 1702.
"Wenote that it is not clearwhetherchapter1702requireseveryindividualwhoengagesin section1702.104 activitiesto obtainan investigationscompanylicense. In additionto definingan "investigationscompany"to include an individual,see id. 49 1702.002(10),(16), ,104, chapter1702also definesthe term "private investigator"as "an individualwhoperformsone or more servicesdescribedby Section 1702.104," see id. $ 1702.002(18),and certain provisionsin chapter 1702provide for the registrationratherthan the licensingof a private investigator,see id. §§ 1702.062(establishinga $20 registrationfee for a private investigator),1702.221(providingthat an individualmust register with the Board if the individual: "(1) 1semployed as an alarm systemsinstaller,alarm systemsmonitor, electronicaccesscontroldeviceinstaller,locksmith,dogtrainer,manageror branchofficemanager,noncommissioned security officer,private investigator, private securityconsultant,or securitysalesperson;or (2) is an owner,officer, partner,or shareholderof a licenseholder")(emphasisadded),1702.301(a),(d) (providingthat whereasa license"is valid for one year fromthe date of issuance,"registrationas a privateinvestigator"expireson the secondanniversary of the date of registration");see also id. 5 1702.021(a)(2)(providingthat the Boardshall have "one memberwho is licensedunderthis chapteras a privateinvestigator").Thus,individualswhoareemployedas privateinvestigatorswho workfora licenseholdermayonlybe requiredto registerwiththe Board.Weneednot resolvethis ambiguity,however, in orderto answeryour questionaboutwhetherexemptattorneys'employeesare subjectto regulationunder chapter 1702. Mr. Thomas A. Davis Jr. - Page 9 (GA-0275)
SUMMARY
Chapter 1702 of the Occupations Code, the Private Security Act, exempts from regulation by the Texas Private Security Board "an attorney while engaged in the practice of law." TEX. Oct. CODE ANN. 5 1702.324(b)(9) (Vernon 2004). An employee who works for an exempt attorney is not engaged in the business or employment of investigating, conduct which is regulated by chapter 1702,