reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.103. Classification and Limitation of Company Licenses

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 a security services contractor;
(3)  Class C:  covering the operations included within Class A and Class B;
(4)  Class F:  level III training school license; and
(5)  Class O:  alarm level I training school license.
(b)  A company license described by this chapter does not authorize the company license holder to perform a service for which the company license holder has not qualified.  A person may not engage in an operation outside the scope of that person's company license.  The department shall indicate on the company license the services the company license holder is authorized to perform.  The company license holder may not perform a service unless it is indicated on the company license.
(c)  A company license is not assignable unless the assignment is approved in advance by the department.
(d)  The commission shall prescribe by rule the procedure under which a company license may be terminated.
(e)  The commission by rule may establish other company license classifications for activities expressly regulated by this chapter and may establish qualifications and practice requirements consistent with this chapter for those company license classifications.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.587, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 936, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.31, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.030, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.104. Investigations Company

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 done or threatened against a person, state, or the United States;
(B)  the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;
(C)  the location, disposition, or recovery of lost or stolen property; or
(D)  the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;
(2)  engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;
(3)  engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or
(4)  engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.
(b)  For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public.  The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if:
(1)  the review or analysis of computer-based data is performed only to diagnose a computer or software problem;
(2)  there is no intent to obtain or furnish information described by Subsection (a)(1); and
(3)  the discovery of any information described by Subsection (a)(1) is inadvertent.
(c)  The review and analysis of computer-based data for the purpose of preparing for or responding to a cybersecurity event does not constitute an investigation for purposes of this section and does not require licensing under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.32, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.105. Alarm Systems Company

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 service, or offer to sell, install, maintain, or service, an electronic access control device or a mechanical security device that is capable of activation through a wireless signal.  An alarm systems company may not rekey an electronic access control device or mechanical security device that can be activated by a key. This subsection does not apply to a mechanical security device or electronic access control device installed in a motor vehicle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.1055. Electronic Access Control Device Company

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. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.1056. Locksmith Company

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;
(2)  advertises services offered by the company using the term "locksmith"; or
(3)  includes the term "locksmith" in the company's name.
(b)  This section does not apply to a hotel, as that term is defined by Section 156.001, Tax Code.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1102 (H.B. 2243), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.05, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.106. Armored Car Company

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, 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 F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.107. Courier Company

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. 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 F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.108. Guard Company

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 contractual basis for another person to:
(1)  prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;
(2)  prevent, observe, or detect unauthorized activity on private property;
(3)  control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;
(4)  protect an individual from bodily harm including through the use of a personal protection officer;  or
(5)  perform a function similar to a function listed in this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.588, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.110. Application for Company License

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 business;
(3)  a statement as to the general nature of the business in which the applicant intends to engage;
(4)  a statement as to the classification for which the applicant requests qualification;
(5)  if the applicant is an entity other than an individual, the full name and residence address of each partner, officer who oversees the security-related aspects of the business, and director of the applicant;
(6)  if the applicant is an individual, the fingerprints of the applicant or, if the applicant is an entity other than an individual, of each officer who oversees the security-related aspects of the business and of each partner or shareholder who owns at least a 25 percent interest in the applicant, provided in the manner prescribed by the department;
(7)  a verified statement of the applicant's experience qualifications in the particular classification in which the applicant is applying;
(8)  a report from the department stating the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense;
(9)  the social security number of the individual making the application; and
(10)  other information, evidence, statements, or documents required by the department.
(b)  An applicant for a company license as a security services contractor shall maintain a physical address within this state and provide that address to the department.  The commission shall adopt rules to enable an out-of-state company license holder to comply with this subsection.
(c)  The department may return an application for a company license as incomplete if the applicant submits payment of a fee that is returned for insufficient funds and the applicant has received notice and an opportunity to provide payment in full.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.589, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.06, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 3, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.031, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.112. Form of Company License

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 and the date the company license was issued; and
(4)  a photograph of the company license holder, affixed to the company license at the time the company license is issued by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.591, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.07, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.032, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.113. General Qualifications for Company License or Security Officer Commission

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 indictment with the commission of a Class A or Class B misdemeanor or felony offense determined to be disqualifying by commission rule;
(2)  have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency;
(3)  have been dishonorably discharged from the United States armed services, discharged from the United States armed services under other conditions determined by the commission to be prohibitive, or dismissed from the United States armed services if a commissioned officer in the United States armed services; or
(4)  be required to register in this or any other state as a sex offender.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1084, Sec. 17, eff. June 14, 2013.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1084, Sec. 17, eff. June 14, 2013.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(23), eff. September 1, 2019.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(7), eff. September 1, 2009.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.592(a), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 5, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.34, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.102(7), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 4, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 17, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.033, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.034, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(23), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.114. Additional Qualifications for Investigations Company License

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 as an employee or owner of an investigations company or satisfy other requirements set by the commission.
(b)  The applicant's experience must be:
(1)  reviewed by the department; and
(2)  determined to be adequate to qualify the applicant to engage in the business of an investigations company.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.593, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.35, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.035, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.115. Additional Qualifications for Security Services Contractor License

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 services field for which the person applies as an employee or owner of a security services contractor or satisfy other requirements set by the commission.
(b)  The applicant's experience must have been obtained legally and must be:
(1)  reviewed by the department; and
(2)  determined to be adequate to qualify the applicant to engage in the business of a security services contractor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.594, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.36, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.036, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.117. Examination

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 examination to be determined by the commission.
(b)  Payment of the application fee entitles the applicant to take one examination without additional charge.  A person who fails the examination must pay a reexamination fee to take a subsequent examination.
(c)  The commission shall set the reexamination fee in an amount not to exceed the amount of the renewal fee for the company license classification for which application was made.
(d)  The department shall develop and provide to a person who applies to take the examination under Subsection (a) material containing all applicable state laws and commission rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.596(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.38, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.037, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.118. Examination Results

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)  the department shall notify the person of the examination results not later than the 14th day after the date the department receives the results from the testing service; and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day.
(c)  The department may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails a licensing examination administered under this chapter, the department shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.597, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.39, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.038, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.1183. Reciprocal Company License for Certain Applicants

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 commission may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.
(c)  The commission shall adopt rules under which the commission may waive any prerequisite to obtaining a company license for, and credit experience for a company license requirement to, an individual who the commission determines has acceptable experience gained during service in a branch of the United States armed forces, including the United States Coast Guard.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.598, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.40, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 989 (H.B. 2135), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.039, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.1186. Provisional Company License

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 investigations company or security services contractor for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the commission relating to the practice of private investigations or security services contracting; and
(3)  is sponsored by a person licensed by the department under this chapter with whom the provisional company license holder will practice during the time the person holds a provisional company license.
(b)  A provisional company license is valid until the date the department approves or denies the provisional company license holder's application for a company license.  The department shall issue a company license under this chapter to the provisional company license holder if:
(1)  the provisional company license holder is eligible to be licensed under Section 1702.1183; or
(2)  the provisional company license holder:
(A)  passes the part of the examination under Section 1702.117(a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of an investigations company or security services contractor in this state;
(B)  is verified by the department as meeting the academic and experience requirements for a company license under this chapter; and
(C)  satisfies any other licensing requirements under this chapter.
(c)  The department must approve or deny a provisional company license holder's application for a company license not later than the 180th day after the date the provisional company license is issued.  The department may extend the 180-day period if the results of an examination have not been received by the department before the end of that period.
(d)  The commission may establish a fee for provisional company licenses in an amount reasonable and necessary to cover the cost of issuing the company license.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.598, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.41, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.040, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.122. Temporary Continuation of Company License Holder's Business

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 chapter has been obtained ceases to be connected with the company license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.602, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.43, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.041, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.123. Insurance; Bond

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 who violates Subsection (a).
(c)  The commission may rescind the company license suspension if the company license holder provides proof to the commission that the bond or the insurance coverage is still in effect.  The company license holder must provide the proof in a form satisfactory to the commission not later than the 10th day after the date the company license is suspended.
(d)  After suspension of the company license, the commission may not reinstate the company license until an application, in the form prescribed by the commission, is filed accompanied by a proper bond, insurance certificate, or both.  The commission may deny the application notwithstanding the applicant's compliance with this section:
(1)  for a reason that would justify suspending, revoking, or denying a company license; or
(2)  if, during the suspension, the applicant performs a practice for which a company license is required.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.603, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.44, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.042, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.124. Insurance Requirement

Sec. 1702.124.  INSURANCE REQUIREMENT.  (a)  An applicant is not eligible for a company license unless the applicant provides as part of the application:
(1)  a certificate of insurance or other documentary evidence of a general liability insurance policy countersigned by an insurance agent licensed in this state; or
(2)  a certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state.
(b)  The general liability insurance policy must be conditioned to pay on behalf of the company license holder damages that the company license holder becomes legally obligated to pay because of bodily injury, property damage, or personal injury, caused by an event involving the principal, or an officer, agent, or employee of the principal, in the conduct of any activity or service for which the company license holder is licensed under this chapter.
(c)  The insurance policy must contain minimum limits of:
(1)  $100,000 for each occurrence for bodily injury and property damage;
(2)  $50,000 for each occurrence for personal injury;  and
(3)  a total aggregate amount of $200,000 for all occurrences.
(d)  A person who is licensed to install and service fire alarms under Article 5.43-2, Insurance Code, complies with the insurance requirements of this section by complying with the insurance requirement of that article if the insurance held by the applicant complies with the requirements of this section in amounts and types of coverage.
(e)  An insurance certificate executed and filed with the department under this chapter remains in effect until the insurer terminates future liability by providing to the department at least 10 days' notice of the intent to terminate liability.
(f)  In addition to the requirements of this section, an applicant or company license holder shall provide and maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the business activities of the applicant or company license holder related to private security.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.604, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 936, Sec. 6, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.546, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 7, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 6, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.043, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.125. Bond Requirement

Sec. 1702.125.  BOND REQUIREMENT.  A bond executed and filed with the department under this chapter remains in effect until the surety terminates future liability by providing to the department at least 30 days' notice of the intent to terminate liability.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.605, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.45, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.044, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.127. Company License Holder Employees; Records

Sec. 1702.127.  COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.  (a)  A company license holder may be legally responsible for the conduct in the company license holder's business of each employee of the company license holder while the employee is performing assigned duties for the company license holder.
(b)  A company license holder shall maintain a record containing information related to the company license holder's employees as required by the commission.
(c)  A company license holder shall maintain for inspection by the department at the company license holder's principal place of business or branch office two recent color photographs, of a type required by the commission, of each applicant, individual license holder, commissioned security officer, and employee of the company license holder.
(d)  A company license holder shall maintain records required under this chapter at a physical address within this state and provide that address to the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.607, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.09, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.045, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.128. Posting of Company License Required

Sec. 1702.128.  POSTING OF COMPANY LICENSE REQUIRED.  A company license holder shall at all times post  the person's license in a conspicuous place in:
(1)  the principal place of business of the company license holder; and
(2)  each branch office of the company license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.046, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.129. Notice of Certain Changes; Branch Offices

Sec. 1702.129.  NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.  (a)  A company license holder shall notify the department not later than the 14th day after the date of:
(1)  a change of address for the company license holder's principal place of business;
(2)  a change of a name under which the company license holder does business; or
(3)  a change in the company license holder's officers or partners.
(b)  A company license holder shall notify the department in writing not later than the 14th day after the date a branch office:
(1)  is established;
(2)  is closed; or
(3)  changes address or location.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.608, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.46, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.047, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.130. Use of Certain Titles, Uniforms, Insignia, or Identifications Prohibited

Sec. 1702.130.  USE OF CERTAIN TITLES, UNIFORMS, INSIGNIA, OR IDENTIFICATIONS PROHIBITED.  (a)  A company license holder, or an officer, director, partner, or employee of a company license holder, may not:
(1)  use a title, an insignia, or an identification card, wear a uniform, or make a statement with the intent to give an impression that the person is connected with the federal government, a state government, or a political subdivision of a state government; or
(2)  use a title, an insignia, or an identification card or wear a uniform containing the designation "police."
(b)  Subsection (a) does not prohibit a commissioned security officer employed by a political subdivision of this state from using a title, insignia, or identification card, wearing a uniform, or making a statement indicating the employment of that individual by the political subdivision.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.048, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.131. Advertising

Sec. 1702.131.  ADVERTISING.  An advertisement by a company license holder soliciting or advertising business must contain the company license holder's company name and address as stated in department records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.609, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.47, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.049, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.132. Reports to Employer or Client

Sec. 1702.132.  REPORTS TO EMPLOYER OR CLIENT.  (a)  A written report submitted to a company license holder's employer or client may only be submitted by the company license holder or a person authorized by a company license holder.  The person submitting the report shall exercise diligence in determining whether the information in the report is correct.
(b)  A company license holder or an officer, director, partner, or employee of a company license holder may not knowingly make a false report to the employer or client for whom information is obtained.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.050, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.133. Confidentiality; Information Relating to Criminal Offense

Sec. 1702.133.  CONFIDENTIALITY; INFORMATION RELATING TO CRIMINAL OFFENSE.  (a)  A company license holder or an officer, director, or partner of a company license holder may not disclose to another information obtained by the person for an employer or client except:
(1)  at the direction of the employer or client; or
(2)  as required by state law or court order.
(b)  A company license holder or an officer, director, or partner of a company license holder shall disclose to a law enforcement officer or a district attorney, or that individual's representative, information the person obtains that relates to a criminal offense.  A private investigator who is working under the direct supervision of a licensed attorney satisfies this requirement by disclosing the information to the supervising attorney.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 8, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.051, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.134. Company License Holder Exemptions From Certain Local Regulations

Sec. 1702.134.  COMPANY LICENSE HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS.  (a)  A company license holder or an employee of a company license holder is not required to obtain an authorization, permit, franchise, or license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or other political subdivision of this state to engage in business or perform a service authorized under this chapter.
(b)  A municipality, county, or other political subdivision of this state may not require a payment for the use of municipal, county, or other public facilities in connection with a business or service provided by a company license holder, except that a municipality may impose and collect:
(1)  a reasonable charge for the use of a central alarm installation located in a police office that is owned, operated, or monitored by the municipality; and
(2)  reasonable inspection and reinspection fees in connection with a device that causes at least five false alarms in a 12-month period.
(c)  A municipality may require, until the device is repaired to the satisfaction of the appropriate municipal official, discontinuation of service of an alarm signal device that, because of mechanical malfunction or faulty equipment, causes at least five false alarms in a 12-month period.
(d)  For the purposes of Subsection (c), a false alarm caused by human error or an act of God is not considered a mechanical malfunction or faulty equipment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.052, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.053, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter G. Security Officer Commission Requirements › Section 1702.161. Security Officer Commission Required

Sec. 1702.161.  SECURITY OFFICER COMMISSION REQUIRED.  (a)  An individual may not accept employment as a security officer to carry a firearm in the course and scope of the individual's duties unless the individual holds a security officer commission.
(b)  An individual employed as a security officer may not knowingly carry a firearm during the course of performing duties as a security officer unless the department has issued a security officer commission to the individual.
(c)  A person may not hire or employ an individual as a security officer to carry a firearm in the course and scope of the individual's duties unless the individual holds a security officer commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.610, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.48, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.054, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter G. Security Officer Commission Requirements › Section 1702.162. Employer's Application for Security Officer Commission

Sec. 1702.162.  EMPLOYER'S APPLICATION FOR SECURITY OFFICER COMMISSION.  The employer of a security officer who applies for a security officer commission for the officer must submit an application to the department on a form provided by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.611, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.49, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.055, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter G. Security Officer Commission Requirements › Section 1702.165. Issuance of Security Officer Commission; Pocket Card

Sec. 1702.165.  ISSUANCE OF SECURITY OFFICER COMMISSION; POCKET CARD.  (a)  The department:
(1)  may issue a security officer commission to an individual employed as a uniformed security officer; and
(2)  shall issue a security officer commission to a qualified employee of an armored car company that is a carrier conducting the armored car business under a federal or state permit or certificate.
(b)  A security officer commission issued under this section must be in the form of a pocket card designed by the department that identifies the security officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.614, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.50, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.057, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter G. Security Officer Commission Requirements › Section 1702.167. Termination of Employment as Commissioned Security Officer; Transfer of Commission

Sec. 1702.167.  TERMINATION OF EMPLOYMENT AS COMMISSIONED SECURITY OFFICER; TRANSFER OF COMMISSION.  The holder of a security officer commission who terminates employment with one employer may transfer the individual's commission to a new employer if, not later than the 14th day after the date the individual begins the new employment, the new employer notifies the department of the transfer of employment on a form prescribed by the department, accompanied by payment of the employee information update fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.616(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.51, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.058, eff. September 1, 2019.