reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.301. Expiration

Sec. 1702.301.  EXPIRATION.  (a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
(b)  A company license, individual license, and security officer commission expire on the dates determined by the commission under Section 411.511, Government Code, but not later than the second anniversary of the date the license or commission is issued.
(c)  A personal protection officer license expires on the date determined by the commission under Section 411.511, Government Code, but not later than the expiration date of the security officer commission under which the license is issued.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
(h)  A license issued under this chapter, other than one specified in this section, expires on the date determined by the commission under Section 411.511, Government Code, but not later than the second anniversary of the date the license is issued.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.647(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.78, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.091, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(32), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.302. License Renewal

Sec. 1702.302.  LICENSE RENEWAL.  (a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department before the expiration date of the license.  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for longer than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(d)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license.
(e)  Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the department's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.648, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.79, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.092, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.303. Renewal of Expired License by Out-of-State Practitioner

Sec. 1702.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applies for renewal may obtain a new license without reexamination.  The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.649(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.80, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.093, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.305. Effect of License Renewal on Disciplinary Action

Sec. 1702.305.  EFFECT OF LICENSE RENEWAL ON DISCIPLINARY ACTION.  Renewal of a license does not prohibit the bringing of disciplinary proceedings for an act committed before the effective date of the renewal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.306. Effect of Suspension on License Renewal Requirements

Sec. 1702.306.  EFFECT OF SUSPENSION ON LICENSE RENEWAL REQUIREMENTS.  A suspended license expires on the license's expiration date and may be renewed as provided by this chapter, but the renewal does not entitle the license holder, while the license remains suspended and until the license is reinstated, to engage in the licensed activity or in conduct in violation of the order or judgment by which the license was suspended.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.308. Continuing Education

Sec. 1702.308.  CONTINUING EDUCATION.  (a)  This section does not apply to a noncommissioned security officer.
(b)  The department shall recognize, prepare, or administer continuing education programs for company license holders, commissioned security officers, and individual license holders.  The commission shall set the minimum number of hours that must be completed and the types of programs that may be offered.
(c)  A company license holder, commissioned security officer, or individual license holder must participate in the programs to the extent required by the commission to keep the person's license or commission.  A company license holder, commissioned security officer, or individual license holder shall submit evidence of compliance with the commission's continuing education requirements in a manner prescribed by the department.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.652(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.83, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.094, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter M. Expiration; Renewal › Section 1702.309. Security Officer Commission Renewal

Sec. 1702.309.  SECURITY OFFICER COMMISSION RENEWAL.  (a)  The commission by rule shall develop a continuing education course required for renewal of a security officer commission.  Only a department-approved instructor may administer the continuing education course.  The course must include at least six hours of instruction determined by the department.
(b)  A commissioned security officer must demonstrate the proficiency required under Section 1702.1685 within the 90-day period before the date the commission is renewed.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.652(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 593, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.84, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.095, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.321. Government Employees

Sec. 1702.321.  GOVERNMENT EMPLOYEES.  (a)  Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties.
(b)  The provisions of this chapter relating to security officer commissions apply to a person employed by a political subdivision whose duties include serving as a security guard, security watchman, or security patrolman on property owned or operated by the political subdivision if the governing body of the political subdivision files a written request with the department for the department to issue a commission to the political subdivision's employees with those duties.
(c)  The department may not charge a fee for issuing a commission to an officer under Subsection (b).  The department shall issue to the officer a pocket card designating the political subdivision that employs the officer.
(d)  The commission expires at the time the officer's employment as a security officer by the political subdivision is terminated.
(e)  The department may approve a security officer training program conducted by the political subdivision in accordance with Sections 1702.1675 and 1702.168.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.653, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.85, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.096, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.322. Law Enforcement Personnel

Sec. 1702.322.  LAW ENFORCEMENT PERSONNEL.  This chapter does not apply to:
(1)  a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman if the officer:
(A)  is employed in an employee-employer relationship or employed on an individual contractual basis:
(i)  directly by the recipient of the services; or
(ii)  by a company licensed under this chapter;
(B)  is not in the employ of another peace officer;
(C)  is not a reserve peace officer; and
(D)  works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage, and is entitled to all employee benefits offered to a peace officer by the state or political subdivision;
(2)  a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county;
(3)  a peace officer acting in an official capacity in responding to a burglar alarm or detection device; or
(4)  a person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.654, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.17, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1247 (S.B. 1600), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.323. Security Department of Private Business

Sec. 1702.323.  SECURITY DEPARTMENT OF PRIVATE BUSINESS.  (a)  Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.
(b)  An individual described by Subsection (a) who carries a firearm in the course of employment must obtain a private security officer commission under this chapter.
(c)  The security department of a private business may not hire or employ an individual to perform a duty described by Section 1702.222 if the individual has been convicted of a crime that would otherwise preclude the individual from being licensed under this chapter.  The private business shall maintain the individual's criminal history record on file at the business and shall make the record available for inspection by the department.
(c-1)  Although the security department of a private business that hires or employs an individual as a private security officer to possess a firearm in the course and scope of the individual's duties is required to apply for a security officer commission for the individual under this chapter, the security department of a private business is not required to apply for any license under this chapter.
(d)  This chapter applies to an individual described by Subsection (a) who in the course of employment:
(1)  comes into contact with the public;
(2)  wears:
(A)  a uniform commonly associated with security personnel or law enforcement;
(B)  any type of badge commonly associated with security personnel or law enforcement; or
(C)  a patch or apparel containing the word "security" or a substantially similar word that is intended to or is likely to create the impression that the individual is performing security services; and
(3)  performs a duty described by Section 1702.108 or 1702.222.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.655, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 593, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 65 (H.B. 1393), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 663 (H.B. 1241), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 15, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 17.003, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.097, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.325. Common Carriers

Sec. 1702.325.  COMMON CARRIERS.  This chapter does not apply to:
(1)  a common carrier by rail engaged in interstate commerce, regulated by state and federal authorities, and transporting commodities essential to the national defense and to the general welfare and safety of the community;  or
(2)  an officer, employee, or agent of a common carrier, as defined by Section 153 of the federal Communications Act of 1934 (47 U.S.C. Section 153), and its subsequent amendments, while protecting the carrier or a user of the carrier's long-distance services from a fraudulent, unlawful, or abusive use of those long-distance services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.657, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.326. Medical Alert Services

Sec. 1702.326.  MEDICAL ALERT SERVICES.  (a)  This chapter does not apply to an entity that:
(1)  provides medical alert services for persons who are sick or disabled;
(2)  does not provide any other service that requires a license under this chapter;  and
(3)  is:
(A)  a hospital or a wholly owned subsidiary or an affiliate of a hospital licensed under Chapter 241, Health and Safety Code;  or
(B)  a charitable or a nonprofit entity that provides the services in the manner required by Subsection (b) and that is exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 and its subsequent amendments by being listed as an exempt entity under Section 501(c)(3) of that code.
(b)  A charitable or nonprofit entity that provides medical alert services must provide those services through a licensed person, licensed nurse, licensed physician assistant or by a hospital, subsidiary, or affiliate described by Subsection (a)(3)(A).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.327. Nonprofit and Civic Organizations

Sec. 1702.327.  NONPROFIT AND CIVIC ORGANIZATIONS.  This chapter does not apply to:
(1)  a nonprofit business or civic organization that:
(A)  employs a peace officer who meets the qualifications of Section 1702.322(1) as a patrolman, guard, or watchman;
(B)  provides the services of the peace officer only to:
(i)  the organization's members;  or
(ii)  if the organization does not have members, the members of the communities served by the organization as described in the organization's articles of incorporation or other organizational documents;
(C)  devotes the net receipts from all charges for the services exclusively to the cost of providing the services or to the costs of other services for the enhancement of the security or safety of:
(i)  the organization's members;  or
(ii)  if the organization does not have members, the members of the communities served by the organization as described in the organization's articles of incorporation or other organizational documents;  and
(D)  does not perform any other service that requires a license under this chapter;  or
(2)  a charitable, nonprofit organization that maintains a system of records to aid in the location of missing children and that:
(A)  is exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 and its subsequent amendments by being listed as an exempt entity under Section 501(c)(3) of that code;
(B)  exclusively provides services related to locating missing children;  and
(C)  does not perform any other service that requires a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.328. Security Systems Sales and Installation

Sec. 1702.328.  SECURITY SYSTEMS SALES AND INSTALLATION.  This chapter does not apply to:
(1)  a person who owns and installs a burglar detection or alarm device on the person's own property or, if the person does not charge for the device or the installation, installs the device for the protection of the person's personal property located on another person's property and does not, as a normal business practice, install the devices on the property of another;
(2)  a person in the business of building construction that installs electrical wiring and devices that may include in part the installation of a burglar alarm or detection device if:
(A)  the person is a party to a contract that provides that:
(i)  the installation will be performed under the direct supervision of, and inspected and certified by, a person licensed to install and certify the alarm or detection device; and
(ii)  the license holder assumes full responsibility for the installation of the alarm or detection device; and
(B)  the person does not service or maintain alarm systems, electronic access control devices, locks, or detection devices;
(3)  a person who sells or installs automobile burglar alarm devices and who does not perform any other act that requires a license under this chapter; or
(4)  a person who sells exclusively by e-commerce, over the counter transactions, or mail order, alarm systems, electronic access control devices, locks, or detection devices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 936, Sec. 14, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1155 (H.B. 3140), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.329. Fire Alarm and Detection Sales and Installation

Sec. 1702.329.  FIRE ALARM AND DETECTION SALES AND INSTALLATION.  This chapter does not apply to:
(1)  a person whose activities are regulated under Article 5.43-2, Insurance Code, except to the extent those activities are specifically regulated under this chapter;  or
(2)  a person who holds a license or other credential issued by a municipality to practice as an electrician and who installs fire or smoke detectors only in single-family or multifamily residences.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.330. Security Personnel of Private Institution of Higher Education

Sec. 1702.330.  SECURITY PERSONNEL OF PRIVATE INSTITUTION OF HIGHER EDUCATION.  This chapter does not apply to:
(1)  a person who is employed full-time by and is commissioned as a campus security personnel employee by a private institution of higher education under Section 51.212, Education Code;  or
(2)  a peace officer commissioned by an incorporated municipality who is hired under Section 51.212, Education Code, on a regular basis by a private institution of higher education while that peace officer is operating within the scope of the peace officer's employment with the institution of higher education.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.658(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.331. Personal Emergency Response Systems

Sec. 1702.331.  PERSONAL EMERGENCY RESPONSE SYSTEMS.  (a)  In this section, "personal emergency response system" means an alarm system that is:
(1)  installed in the residence of a person;
(2)  monitored by an alarm systems company;
(3)  designed only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and
(4)  not part of a combination of alarm systems that includes a burglar alarm or fire alarm.
(b)  This chapter does not apply to:
(1)  an alarm systems company that sells, installs, services, monitors, or responds to only personal emergency response systems;
(2)  an alarm systems installer who installs, maintains, or repairs only personal emergency response systems; and
(3)   an owner of an alarm systems company described by Subdivision (1).
Added by Acts 2005, 79th Leg., Ch. 808 (S.B. 568), Sec. 8, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.098, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.332. Telematics Service Providers

Sec. 1702.332.  TELEMATICS SERVICE PROVIDERS.  (a)  In this section, "telematics service" means:
(1)  a service that:
(A)  is provided to owners, operators, and occupants of consumer vehicles or commercial fleet vehicles through the remote access of in-vehicle data that may rely on global positioning system satellite data to fix the exact location of the vehicle, including:
(i)  location-specific emergency and roadside vehicle breakdown assistance;
(ii)  automatic collision notification;
(iii)  real-time traffic and navigation information;
(iv)  remote vehicle diagnostics; and
(v)  stolen vehicle recovery;
(B)  is enabled through the two-way communication of voice or data, often with an interactive voice response technology interface, between a service subscriber's vehicle and a telematics company's response center; and
(C)  is provided to:
(i)  enhance vehicle service, safety, and convenience while driving for vehicle owners;
(ii)  enable automakers and automobile dealerships to achieve greater service and customer management efficiencies and to increase customer retention; and
(iii)  enable fleet operators to remotely manage their vehicles and other mobile assets; and
(2)  a related service provided to consumers, automakers, automobile dealerships, and commercial fleet operators by a telematics company as part of the emerging technology industry that delivers telematics services on a national basis to service subscribers.
(b)  Except as otherwise provided by this section, this chapter does not apply to a person who provides a telematics service in this state.
(c)  To qualify for the exemption provided by Subsection (b), a telematics service provider shall establish business practices and procedures that are at least as stringent as the guidelines established by the Association of Public Safety Communications Officials International regarding the communication of information from telematics service providers to public safety agencies.
(d)  The commission may adopt rules necessary to carry out the purposes of this section, including rules to determine whether a telematics service provider is complying with Subsection (c).
Added by Acts 2005, 79th Leg., Ch. 207 (H.B. 1531), Sec. 1, eff. September 1, 2005.
Renumbered from Occupations Code, Section 1702.331 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(59), eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.099, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter N. Exceptions › Section 1702.333. Certain Volunteers

Sec. 1702.333.  CERTAIN VOLUNTEERS.  (a)  In this section, "volunteer security services" means services or activities that are:
(1)  regulated under this chapter; and
(2)  provided without compensation or remuneration.
(b)  This chapter does not apply to a person who is providing volunteer security services on:
(1)  the premises of a church, synagogue, or other established place of religious worship; or
(2)  premises where an event sponsored or sanctioned by a public primary or secondary school is taking place.
(c)  Except as provided by Subsection (d), while providing volunteer security services under Subsection (b), a person may not wear a uniform or badge that:
(1)  contains the word "security"; or
(2)  gives the person the appearance of being a peace officer, personal protection officer, or security officer.
(d)  A peace officer providing volunteer security services under Subsection (b) may:
(1)  with the consent of the head of the employing or appointing law enforcement agency, wear the uniform of the agency; or
(2)  wear another uniform or badge that gives the person the appearance of being a peace officer.
(e)  The reimbursement for or payment of an insurance policy insuring a peace officer who provides volunteer security services under Subsection (b) for civil liability arising from acts occurring while providing those services is not considered compensation or reimbursement.
Added by Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 11.001, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 812 (H.B. 1133), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.363. Application of Administrative Procedure Act

Sec. 1702.363.  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.  Except as provided by Section 1702.364, a person regulated under this chapter against whom the commission has taken action is entitled to a hearing before the State Office of Administrative Hearings.  A proceeding under this section is a contested case that is governed by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.662, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.89, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.101, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.365. Abduction of Child

Sec. 1702.365.  ABDUCTION OF CHILD.  The commission shall revoke a person's license or security officer commission or deny a person's application for, or renewal of, a license or security officer commission on proof that the person or an agent of the person has, after the date of application for a license or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:
(1)  has custody or physical possession of the child under a court order; or
(2)  is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.664, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.91, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.103, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.367. Complaint Investigation; Subpoena; Witness

Sec. 1702.367.  COMPLAINT INVESTIGATION;  SUBPOENA;  WITNESS.  (a)  For an investigation conducted under this chapter, if necessary to enforce this chapter or the commission rules adopted under this chapter, the department may issue an administrative subpoena to any person in this state compelling:
(1)  the production of information or documents; or
(2)  the attendance and testimony of a witness.
(b)  A witness is not privileged to refuse to testify to a fact or to produce a record or document with respect to which the witness is properly examined by the hearings officer.
(c)  A person required to testify or to produce a record or document on any matter properly under inquiry by the department who refuses to testify or to produce the record or document on the ground that the testimony or the production of the record or document would incriminate or tend to incriminate the person is nonetheless required to testify or to produce the record or document.  A person who is required to testify or to produce a record or document under this subsection is not subject to indictment or prosecution for a transaction, matter, or thing concerning which the person truthfully testifies or produces evidence.
(d)  If a witness refuses to obey a subpoena or to give evidence relevant to proper inquiry by the department, the department may petition a district court of the county in which the hearing is held to compel the witness to obey the subpoena or to give the evidence.  The court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible.
(e)  An investigator employed by the department may take statements under oath in an investigation of a matter covered by this chapter.
(f)  A person licensed or otherwise regulated under this chapter who fails without good cause to comply with a subpoena issued under this section may be subject to suspension of a license under Section 1702.361.
(g)  If a subpoena issued under this section relates to an ongoing criminal investigation by the department and the department determines that disclosure could significantly impede the investigation, the subpoena may provide that the person to whom the subpoena is directed may not:
(1)  disclose that the subpoena has been issued;
(2)  identify or describe any records requested by the subpoena; or
(3)  disclose whether records have been furnished in response to the subpoena.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.666, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.92, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.19, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.104, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.368. Notification of Conviction for Certain Offenses

Sec. 1702.368.  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES.  The department shall notify the police department of the municipality and the sheriff's department of the county in which a person licensed or commissioned under this chapter resides of the conviction of the person for a Class B misdemeanor or equivalent offense or a greater offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.667(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.93, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.105, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.369. No Reinstatement After Revocation

Sec. 1702.369.  NO REINSTATEMENT AFTER REVOCATION.  A revoked license may not be reinstated.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.370. Effect of Suspension; Monitoring of Existing Alarm Contracts

Sec. 1702.370.  EFFECT OF SUSPENSION;  MONITORING OF EXISTING ALARM CONTRACTS.  Subject to expiration of the license under Section 1702.306, a license holder may continue to monitor under an existing alarm contract or contract to monitor under an existing alarm contract for 30 days after the date of suspension of the person's license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.3705. Prohibition Against Certain Political Subdivisions Acting as Alarm Systems Company

Sec. 1702.3705.  PROHIBITION AGAINST CERTAIN POLITICAL SUBDIVISIONS ACTING AS ALARM SYSTEMS COMPANY.  (a)  Except as provided by Subsection (b), a political subdivision may not offer residential alarm system sales, service, installation, or monitoring unless it has been providing monitoring services to residences within the boundaries of the political subdivision as of September 1, 1999.  Any fee charged by the political subdivision may not exceed the cost of the monitoring.
(b)  A political subdivision may:
(1)  offer service, installation, or monitoring for property owned by the political subdivision or another political subdivision;
(2)  allow for the response of an alarm or detection device by a law enforcement agency or by a law enforcement officer acting in an official capacity;
(3)  offer monitoring in connection with a criminal investigation;  or
(4)  offer monitoring to a financial institution, as defined by Section 59.301, Finance Code, that requests, in writing, that the political subdivision provide monitoring service to the financial institution.
(c)  The limitations of Subsection (a) do not apply to a political subdivision in a county with a population of less than 80,000 or in a political subdivision where monitoring is not otherwise provided or available.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.668(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter O. Prohibited Practices and Grounds for Denial and Disciplinary Action › Section 1702.372. Recusal of Commission Member

Sec. 1702.372.  RECUSAL OF COMMISSION MEMBER.  (a)  A commission member who participated in the investigation of a complaint of a violation of this chapter or in informal settlement negotiations regarding the complaint:
(1)  may not vote on the matter at a commission meeting related to the complaint; and
(2)  shall state at the meeting the reason for which the member is prohibited from voting on the matter.
(b)  A statement under Subsection (a)(2) shall be entered into the minutes of the meeting.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.94, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.106, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.381. Civil Penalty

Sec. 1702.381.  CIVIL PENALTY.  (a)  A person who is not licensed under this chapter, who does not have a license application pending, and who violates this chapter may be assessed a civil penalty to be paid to the state not to exceed $10,000 for each violation.
(b)  A person who contracts with or employs a person who is required to hold a license or security officer commission under this chapter knowing that the person does not hold the required license or commission or who otherwise, at the time of contract or employment, is in violation of this chapter may be assessed a civil penalty to be paid to the state in an amount not to exceed $10,000 for each violation.
(c)  A civil penalty under this section may be assessed against a person on proof that the person has received at least 30 days' notice of the requirements of this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.670, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 21, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.95, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.107, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.382. Injunction

Sec. 1702.382.  INJUNCTION.  (a)  An attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute an action against a person to enjoin a violation by the person of this chapter or an administrative rule.
(b)  An injunction action instituted under this section does not require an allegation or proof that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation to sustain an action under this section.  A bond is not required for an injunction action instituted under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.671, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 22, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.383. Action for Civil Penalty or Injunction

Sec. 1702.383.  ACTION FOR CIVIL PENALTY OR INJUNCTION.  If a person has violated a provision of this chapter for which a penalty is imposed under Section 1702.381, an attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute a civil suit in a Travis County district court or in a district court in the county in which the violation occurred for injunctive relief under Section 1702.382 or for assessment and recovery of the civil penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.672, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 23, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3835. Deceptive Trade Practice

Sec. 1702.3835.  DECEPTIVE TRADE PRACTICE.  (a)  A person who performs or offers to perform an activity regulated under this chapter, but who is not licensed or otherwise authorized under this chapter to perform the activity, commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code.
(b)  A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.20, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.384. Falsification of Certain Documents; Offense

Sec. 1702.384.  FALSIFICATION OF CERTAIN DOCUMENTS;  OFFENSE.  (a)  A person commits an offense if the person knowingly falsifies fingerprints or photographs submitted under Section 1702.110.
(b)  An offense under this section is a felony of the third degree.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3841. Insufficient Insurance Coverage; Offense

Sec. 1702.3841.  INSUFFICIENT INSURANCE COVERAGE; OFFENSE. (a)  A person commits an offense if the person is subject to Section 1702.124 and knowingly fails to provide and maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the business activities of the person related to private security.  A person is presumed to have acted knowingly for purposes of this subsection if the person received reasonable notice from the department and an opportunity to provide or maintain the documentation required by Section 1702.124 and failed to do so.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 14, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.386. Unauthorized Employment; Offense

Sec. 1702.386.  UNAUTHORIZED EMPLOYMENT;  OFFENSE.  (a)  A person commits an offense if the person contracts with or employs a person who is required to hold a license or commission under this chapter knowing that the person does not hold the required license or commission or who otherwise, at the time of contract or employment, is in violation of this chapter.
(b)  An offense under Subsection (a) is a Class A misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.96, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.108, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3863. Unauthorized Contract With Bail Bond Surety; Offense

Sec. 1702.3863.  UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY;  OFFENSE.  (a)  A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is:
(1)  a peace officer;
(2)  an individual licensed as a private investigator; or
(3)  a commissioned security officer employed by a licensed guard company.
(b)  An offense under Subsection (a) is a state jail felony.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.673(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.97, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.109, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter P. Penalties and Enforcement Provisions › Section 1702.3867. Execution of Capias or Arrest Warrant; Offense

Sec. 1702.3867.  EXECUTION OF CAPIAS OR ARREST WARRANT;  OFFENSE.  (a)  A private investigator 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)  execute the capias or warrant without written authorization from the surety;
(3)  wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state;  or
(4)  notwithstanding Section 9.51, Penal Code, use deadly force.
(b)  Notwithstanding Subsection (a)(3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c)  A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to:
(1)  if the arrest is made in the county in which the capias or warrant was issued:
(A)  the county jail for that county if:
(i)  the offense is a Class A or Class B misdemeanor or a felony;  or
(ii)  the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county;  or
(B)  the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality;  or
(2)  if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made.
(d)  A person commits an offense if the person violates this section.  An offense under this section is a state jail felony.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.674(a), eff. Sept. 1, 2001.