reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.660. Recordings as Evidence

Text of section effective until January 01, 2025
Sec. 1701.660.  RECORDINGS AS EVIDENCE.  (a)  Except as provided by Subsections (a-1) and (b), a recording created with a body worn camera and documenting an incident that involves the use of deadly force by a peace officer or that is otherwise related to an administrative or criminal investigation of an officer may not be deleted, destroyed, or released to the public until all criminal matters have been finally adjudicated and all related administrative investigations have concluded.
(a-1)  A law enforcement agency may permit a person who is depicted in a recording of an incident described by Subsection (a) or, if the person is deceased, the person's authorized representative, to view the recording, provided that the law enforcement agency determines that the viewing furthers a law enforcement purpose and provided that any authorized representative who is permitted to view the recording was not a witness to the incident.  A person viewing a recording may not duplicate the recording or capture video or audio from the recording.  A permitted viewing of a recording under this subsection is not considered to be a release of public information for purposes of Chapter 552, Government Code.
(b)  A law enforcement agency may release to the public a recording described by Subsection (a) if the law enforcement agency determines that the release furthers a law enforcement purpose.
(c)  This section does not affect the authority of a law enforcement agency to withhold under Section 552.108, Government Code, information related to a closed criminal investigation that did not result in a conviction or a grant of deferred adjudication community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 921 (H.B. 4236), Sec. 1, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.661. Release of Information Recorded by Body Worn Camera

Text of section effective until January 01, 2025
Sec. 1701.661.  RELEASE OF INFORMATION RECORDED BY BODY WORN CAMERA.  (a)  A member of the public is required to provide the following information when submitting a written request to a law enforcement agency for information recorded by a body worn camera:
(1)  the date and approximate time of the recording;
(2)  the specific location where the recording occurred; and
(3)  the name of one or more persons known to be a subject of the recording.
(b)  A failure to provide all of the information required by Subsection (a) to be part of a request for recorded information does not preclude the requestor from making a future request for the same recorded information.
(c)  Except as provided by Subsection (d), information recorded by a body worn camera and held by a law enforcement agency under this subchapter is not subject to the requirements of Section 552.021, Government Code.
(d)  Information that is or could be used as evidence in a criminal prosecution is subject to the requirements of Section 552.021, Government Code.
(e)  A law enforcement agency may:
(1)  seek to withhold information subject to Subsection (d) in accordance with procedures provided by Section 552.301, Government Code;
(2)  assert any exceptions to disclosure in Chapter 552, Government Code, or other law; or
(3)  release information requested in accordance with Subsection (a) after the agency redacts any information made confidential under Chapter 552, Government Code, or other law.
(f)  A law enforcement agency may not release any portion of a recording made in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the person who is the subject of that portion of the recording or, if the person is deceased, from the person's authorized representative.
(g)  The attorney general shall set a proposed fee to be charged to members of the public who seek to obtain a copy of a recording under this section.  The fee amount must be sufficient to cover the cost of reviewing and making the recording.  A law enforcement agency may provide a copy without charge or at a reduced charge if the agency determines that waiver or reduction of the charge is in the public interest.
(h)  A recording is confidential and excepted from the requirements of Chapter 552, Government Code, if the recording:
(1)  was not required to be made under this subchapter or another law or under a policy adopted by the appropriate law enforcement agency; and
(2)  does not relate to a law enforcement purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.662. Body Worn Camera Recordings; Request for Attorney General Decision

Text of section effective until January 01, 2025
Sec. 1701.662.  BODY WORN CAMERA RECORDINGS; REQUEST FOR ATTORNEY GENERAL DECISION.  (a)  Notwithstanding Section 552.301(b), Government Code, a governmental body's request for a decision from the attorney general about whether a requested body worn camera recording falls within an exception to public disclosure is considered timely if made not later than the 20th business day after the date of receipt of the written request.
(b)  Notwithstanding Section 552.301(d), Government Code, a governmental body's response to a requestor regarding a requested body worn camera recording is considered timely if made not later than the 20th business day after the date of receipt of the written request.
(c)  Notwithstanding Section 552.301(e), Government Code, a governmental body's submission to the attorney general of the information required by that subsection regarding a requested body worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request.
(d)  Notwithstanding Section 552.301(e-1), Government Code, a governmental body's submission to a requestor of the information required by that subsection regarding a requested body worn camera recording is considered timely if made not later than the 25th business day after the date of receipt of the written request.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter N. Body Worn Camera Program › Section 1701.663. Production of Body Worn Camera Recording in Response to Voluminous Public Information Requests

Text of section effective until January 01, 2025
Sec. 1701.663.  PRODUCTION OF BODY WORN CAMERA RECORDING IN RESPONSE TO VOLUMINOUS PUBLIC INFORMATION REQUESTS.  (a)  Notwithstanding Section 552.221(d), Government Code, an officer for public information who is employed by a governmental body and who receives a voluminous request in accordance with Section 1701.661(a) is considered to have promptly produced the information for purposes of Section 552.221, Government Code, if the officer takes the actions required under Section 552.221 before the 21st business day after the date of receipt of the written request.
(b)  For purposes of this section, "voluminous request" includes:
(1)  a request for body worn camera recordings from more than five separate incidents;
(2)  more than five separate requests for body worn camera recordings from the same person in a 24-hour period, regardless of the number of incidents included in each request; or
(3)  a request or multiple requests from the same person in a 24-hour period for body worn camera recordings that, taken together, constitute more than five total hours of video footage.
Added by Acts 2015, 84th Leg., R.S., Ch. 1134 (S.B. 158), Sec. 1, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(7), eff. January 1, 2025.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.701. Definitions

Sec. 1701.701.  DEFINITIONS.  In this subchapter:
(1)  "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen.
(2)  "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine intended for use to treat anaphylaxis.
(3)  "Physician" means a person who holds a license to practice medicine in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.702. Administration of Epinephrine

Sec. 1701.702.  ADMINISTRATION OF EPINEPHRINE.  (a)  A law enforcement agency may acquire and possess epinephrine auto-injectors and a peace officer may possess and administer an epinephrine auto-injector in accordance with this subchapter.
(b)  A peace officer may possess and administer an epinephrine auto-injector only if the peace officer has successfully completed training in the use of the device in a course approved by the commission.
(c)  The commission, in consultation with the Department of State Health Services, shall approve a training course on the administration of an epinephrine auto-injector.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.703. Prescription of Epinephrine

Sec. 1701.703.  PRESCRIPTION OF EPINEPHRINE.  (a)  A physician, or a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors in the name of a law enforcement agency.
(b)  A physician or other person who prescribes epinephrine auto-injectors under Subsection (a) shall provide the law enforcement agency with a standing order for the administration of an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.
(c)  A standing order under Subsection (b) is not required to be patient-specific.  An epinephrine auto-injector may be administered under this subchapter to a person without a previously established physician-patient relationship.
(d)  Notwithstanding any other law, supervision or delegation by a physician is considered adequate if the physician:
(1)  periodically reviews the order; and
(2)  is available through direct telecommunication as needed for consultation, assistance, and direction.
(e)  An order issued under this section must contain:
(1)  the name and signature of the prescribing physician or other person;
(2)  the name of the law enforcement agency to which the order is issued;
(3)  the quantity of epinephrine auto-injectors to be obtained and maintained under the order; and
(4)  the date the order was issued.
(f)  A pharmacist may dispense an epinephrine auto-injector to a law enforcement agency without requiring the name of or any other identifying information relating to the user.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.704. Maintenance and Administration of Epinephrine Auto-Injectors

Sec. 1701.704.  MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS.  A law enforcement agency that acquires and possesses epinephrine auto-injectors under this subchapter shall adopt and implement a policy regarding the maintenance, administration, and disposal of the epinephrine auto-injectors.  The policy must:
(1)  establish a process for the agency to check the inventory of epinephrine auto-injectors at regular intervals for expiration and replacement; and
(2)  require that the epinephrine auto-injectors be stored in a secure location.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.705. Notification of Administration of Epinephrine Auto-Injector

Sec. 1701.705.  NOTIFICATION OF ADMINISTRATION OF EPINEPHRINE AUTO-INJECTOR.  After an officer administers an epinephrine auto-injector under this subchapter, the law enforcement agency shall notify the physician or other person who prescribed the epinephrine auto-injector of:
(1)  the age of the person to whom the epinephrine auto-injector was administered; and
(2)  the number of epinephrine auto-injector doses administered to the person.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.706. Gifts, Grants, and Donations

Sec. 1701.706.  GIFTS, GRANTS, AND DONATIONS.  A law enforcement agency may accept gifts, grants, donations, and federal and local money to implement this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.707. Not Practice of Health Care

Sec. 1701.707.  NOT PRACTICE OF HEALTH CARE.  The administration by a peace officer of an epinephrine auto-injector to a person in accordance with the requirements of this subchapter or commission rules does not constitute the unlawful practice of any health care profession.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.708. Immunity From Liability

Sec. 1701.708.  IMMUNITY FROM LIABILITY.  (a)  A person who in good faith takes, or fails to take, action relating to the prescription of an epinephrine auto-injector to a law enforcement agency or the administration of an epinephrine auto-injector by a peace officer is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:
(1)  issuing an order for epinephrine auto-injectors;
(2)  supervising or delegating the administration of an epinephrine auto-injector;
(3)  possessing, maintaining, storing, or disposing of an epinephrine auto-injector;
(4)  prescribing an epinephrine auto-injector;
(5)  dispensing an epinephrine auto-injector;
(6)  administering, or assisting in administering, an epinephrine auto-injector;
(7)  providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
(8)  undertaking any other act permitted or required under this subchapter.
(b)  The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.
(c)  Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter.
(d)  An act or omission described by this subchapter does not create a cause of action.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1701 - Law Enforcement Officers › Subchapter O. Emergency Administration of Epinephrine › Section 1701.709. Governmental Immunity Not Waived

Sec. 1701.709.  GOVERNMENTAL IMMUNITY NOT WAIVED.  This subchapter does not waive governmental immunity from suit or liability.
Added by Acts 2019, 86th Leg., R.S., Ch. 653 (S.B. 1827), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter A. General Provisions › Section 1702.001. Short Title

Sec. 1702.001.  SHORT TITLE.  This chapter may be cited as the Private Security Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.551(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter A. General Provisions › Section 1702.004. General Scope of Regulation

Sec. 1702.004.  GENERAL SCOPE OF REGULATION.  (a)  The department:
(1)  licenses investigations companies and security services contractors;
(2)  issues commissions to certain security officers;
(3)  licenses certain security officers engaged in the personal protection of individuals;
(4)  licenses:
(A)  certain individuals connected with a company license holder; and
(B)  certain individuals employed in a field connected to private investigation or private security; and
(5)  regulates company license holders, security officers, and individual license holders under this chapter.
(b)  The commission shall adopt rules necessary to comply with Chapter 53.  In its rules under this section, the commission shall list the specific offenses for each category of regulated persons for which a conviction would constitute grounds for the department to take action under Section 53.021.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.554, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.02, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.002, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter A. General Provisions › Section 1702.005. Department of Public Safety; References

Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY; REFERENCES.  (a)   The department shall administer this chapter.
(b)  A reference in this chapter or another law to the Texas Commission on Private Security or the Texas Private Security Board means the department.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.02, eff. Oct. 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.003, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter A. General Provisions › Section 1702.006. Foreign Entity Registration

Sec. 1702.006.  FOREIGN ENTITY REGISTRATION.  Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.04, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.021. Committee Membership; Applicability of Other Law

Sec. 1702.021.  COMMITTEE MEMBERSHIP; APPLICABILITY OF OTHER LAW.  (a)  The Texas Private Security Advisory Committee consists of seven members appointed by the commission as follows:
(1)  three public members, each of whom is a citizen of the United States;
(2)  one member who is licensed under this chapter as a private investigator;
(3)  one member who is licensed under this chapter as an alarm systems company;
(4)  one member who is licensed under this chapter as the owner or operator of a guard company; and
(5)  one member who is licensed under this chapter as a locksmith.
(b)  Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee or to the appointment of the committee's presiding officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.556, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1170, Sec. 34.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.03, eff. Oct. 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.04, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 657 (H.B. 1093), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.005, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.023. Eligibility of Public Members

Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS.  The committee's public members must be representatives of the general public.  A person may not be a public member of the committee if the person or the person's spouse:
(1)  is registered, commissioned, certified, or licensed by a regulatory agency in the field of private investigations or private security;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for committee membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.558, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.05, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.006, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.024. Membership and Employee Restrictions

Sec. 1702.024.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.
(b)  A person may not be a committee member, and may not be a department employee whose primary duties include private security regulation and who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of private investigation or private security; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private investigation or private security.
(c)  A person may not be a committee member or act as general counsel to the committee or department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.559, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.06, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.007, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.025. Terms; Vacancies

Sec. 1702.025.  TERMS; VACANCIES.  (a)  The committee members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year.
(b)  If a vacancy occurs during the term of a committee member, the commission shall appoint a new member to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.560(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1170, Sec. 34.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.008, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.026. Officers

Sec. 1702.026.  OFFICERS.  (a)  The commission shall designate one committee member as presiding officer to serve in that capacity at the will of the commission.  The commission shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age, or national origin.
(b)  The committee shall elect from among its members an assistant presiding officer and a secretary to serve two-year terms beginning on September 1 of each odd-numbered year.
(c)  The presiding officer of the committee or, in the absence of the presiding officer, the assistant presiding officer shall preside at each committee meeting and perform the other duties prescribed by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.561(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.009, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.027. Grounds for Removal

Sec. 1702.027.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the committee that a member:
(1)  does not have the qualifications required by Section 1702.021 at the time of appointment;
(2)  does not maintain the qualifications required by Section 1702.021 during service on the committee;
(3)  is ineligible for membership under Section 1702.023 or 1702.024;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee.
(b)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(10), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.562, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.07, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.010, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(10), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.028. Reimbursement

Sec. 1702.028.  REIMBURSEMENT.   A committee member may not receive compensation for service on the advisory committee but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions as a member of the committee, subject to the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.563, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.08, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.011, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.029. Meetings

Sec. 1702.029.  MEETINGS.  The committee shall meet at least quarterly.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.564, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.09, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.012, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.031. Duties of Advisory Committee

Sec. 1702.031.  DUTIES OF ADVISORY COMMITTEE.  The committee shall provide advice and recommendations to the department and commission on technical matters relevant to the administration of this chapter and the regulation of private security industries.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.013, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter B. Texas Private Security Advisory Committee › Section 1702.032. Commission Liaison

Sec. 1702.032.  COMMISSION LIAISON.  The commission shall designate a commission member to serve as a liaison to the committee.
Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.013, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter C. Chief Administrator and Personnel › Section 1702.041. Chief Administrator

Sec. 1702.041.  CHIEF ADMINISTRATOR.  (a)  The chief administrator is responsible for the administration of this chapter under the direction of the public safety director.  The chief administrator shall perform duties as prescribed by the public safety director.
(b)  The chief administrator is a full-time employee of the department.  A committee member may not serve as chief administrator.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.566, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.12, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.014, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter C. Chief Administrator and Personnel › Section 1702.042. Personnel; Conflict of Interest

Sec. 1702.042.  PERSONNEL; CONFLICT OF INTEREST.  An employee of the department whose primary duties include private security regulation may not:
(1)  have a financial or business interest, contingent or otherwise, in a security services contractor or investigations company; or
(2)  be licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.567, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.13, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter C. Chief Administrator and Personnel › Section 1702.044. Qualifications and Standards of Conduct Information

Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The chief administrator or the chief administrator's designee shall provide to committee members and to department employees, as often as necessary, information regarding the requirements for service as a committee member or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.569, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.15, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.015, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.061. General Powers and Duties

Sec. 1702.061.  GENERAL POWERS AND DUTIES.  (a)   The commission shall adopt rules and general policies to guide the department in the administration of this chapter.
(b)  The rules and policies adopted by the commission under Subsection (a) must be consistent with this chapter and other commission rules adopted under this chapter and with any other applicable law, state rule, or federal regulation.
(c)  The commission has the powers and duties to:
(1)  determine the qualifications of company license holders, individual license holders, and commissioned security officers;
(2)  investigate alleged violations of this chapter and of commission rules;
(3)  adopt rules necessary to implement this chapter; and
(4)  establish and enforce standards governing the safety and conduct of each person regulated under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.573(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.17, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.017, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.062. Fees

Sec. 1702.062.  FEES.  (a)  The commission by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter.  The fees may not produce unnecessary fund balances.
(b)  The department may charge a fee each time the department requires a person regulated under this chapter to resubmit a set of fingerprints for processing by the department during the application process for a company license, individual license, or security officer commission.  The commission shall set the fee in an amount that is reasonable and necessary to cover the administrative expenses related to processing the fingerprints.
(c)  A person whose pocket card has not expired is not eligible to receive from the department another pocket card in the same classification in which the pocket card is held.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.574, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 593, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.19, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.018, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.063. Use of Fines

Sec. 1702.063.  USE OF FINES.  The fines collected under this chapter may not be used to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.575, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.019, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.0635. Restrictions on Certain Rules

Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES.  The commission may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be licensed as an electronic access control device installer.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.21, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.020, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.064. Rules Restricting Advertising or Competitive Bidding

Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a person regulated under this chapter except to prohibit false, misleading, or deceptive practices by the person.
(b)  The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated under this chapter a rule that:
(1)  restricts the person's use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's personal voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4)  restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.576, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.22, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.021, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.0645. Payment of Fees and Fines

Sec. 1702.0645.  PAYMENT OF FEES AND FINES.  (a)  The commission may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter.
(b)  Rules adopted under this section may:
(1)  authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the department; and
(2)  require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.577(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.23, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.022, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.067. Records; Evidence

Sec. 1702.067.  RECORDS; EVIDENCE.  An official record of the department related to this chapter or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.580, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.25, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.023, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter D. Powers and Duties › Section 1702.068. Appeal Bond Not Required

Sec. 1702.068.  APPEAL BOND NOT REQUIRED.  The department is not required to give an appeal bond in any cause arising under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.581, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.26, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.024, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter E. Public Interest Information › Section 1702.084. Public Access to Certain Records of Disciplinary Actions

Sec. 1702.084.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS.  (a)  The department shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the department the following information relating to a disciplinary action taken during the preceding three years regarding a person regulated under this chapter:
(1)  the identity of the person;
(2)  the nature of the complaint that was the basis of the disciplinary action taken against the person; and
(3)  the disciplinary action taken by the commission.
(b)  In providing the information, the department shall present the information in an impartial manner, use language that is commonly understood, and, if possible, avoid jargon specific to the security industry.
(c)  The department shall update the information on a monthly basis.
(d)  The department shall maintain the confidentiality of information regarding the identification of a complainant.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.586(a), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.30, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.026, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 10 - Occupations Related to Law Enforcement and Security › Chapter 1702 - Private Security › Subchapter E. Public Interest Information › Section 1702.085. Confidentiality of Records

Sec. 1702.085.  CONFIDENTIALITY OF RECORDS.  Records maintained by the department under this chapter on the home address, home telephone number, driver's license number, or social security number of an applicant or a company license holder, individual license holder, or security officer commission holder are confidential and are not subject to mandatory disclosure under Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.027, 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 1702.101. Investigations Company License Required

Sec. 1702.101.  INVESTIGATIONS COMPANY LICENSE REQUIRED.  Unless the person holds a license as an investigations company, a person may not:
(1)  act as an investigations company;
(2)  offer to perform the services of an investigations company;  or
(3)  engage in business activity for which a license is required 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 F. Licensing and Duties of Investigations Companies and Security Services Contractors › Section 1702.102. Security Services Contractor License Required; Scope of License

Sec. 1702.102.  SECURITY SERVICES CONTRACTOR LICENSE REQUIRED;  SCOPE OF LICENSE.  (a)  Unless the person holds a license as a security services contractor, a person may not:
(1)  act as an alarm systems company, armored car company, courier company, guard company, or locksmith company;
(2)  offer to perform the services of a company in Subdivision (1); or
(3)  engage in business activity for which a license is required under this chapter.
(b)  A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect.
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. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.028, 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 1702.1025. Electronic Access Control Device Company License Required; Scope of License

Sec. 1702.1025.  ELECTRONIC ACCESS CONTROL DEVICE COMPANY LICENSE REQUIRED;  SCOPE OF LICENSE.  (a)  Unless the person holds a license as an electronic access control device company, a person may not:
(1)  act as an electronic access control device company;
(2)  offer to perform the services of an electronic access control device company;  or
(3)  engage in business activity for which a license is required under this chapter.
(b)  A person licensed as an electronic access control device company may not install alarm systems unless otherwise licensed to install alarm systems under this chapter.
Added by Acts 2003, 78th Leg., ch. 936, Sec. 3, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.029, eff. September 1, 2019.