SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 1702.002 - Definitions
In this chapter: (1) "Alarm system" means: (A) electronic equipment and devices designed to detect or signal: (i) an unauthorized entry or attempted entry of...
- Texas Section 1702.004 - General Scope Of Regulation
(a) The board, in addition to performing duties required by other law or exercising powers granted by other law: (1) licenses investigations companies and security...
- Texas Section 1702.005 - Department Of Public Safety
(a) The board created under Section 1702.021 is a part of the department. The department shall administer this chapter through the board. (b) A reference...
SUBCHAPTER B TEXAS PRIVATE SECURITY BOARD
- Texas Section 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...
- Texas Section 1702.021 - Board Membership
(a) The Texas Private Security Board consists of seven members appointed by the governor with the advice and consent of the senate as follows: (1)...
- Texas Section 1702.023 - Eligibility Of Public Members
The board's public members must be representatives of the general public. A person may not be a public member of the board if the person...
- Texas Section 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...
- Texas Section 1702.025 - Terms; Vacancies
(a) The board members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year. (b)...
- Texas Section 1702.026 - Officers
(a) The governor shall designate one board member as presiding officer to serve in that capacity at the will of the governor. The governor shall...
- Texas Section 1702.027 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have the qualifications required by Section 1702.021 at the...
- Texas Section 1702.028 - Per Diem; Reimbursement
(a) A board member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of...
- Texas Section 1702.029 - Meetings
The board shall meet at regular intervals to be decided by the board. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999....
SUBCHAPTER C CHIEF ADMINISTRATOR AND PERSONNEL
- Texas Section 1702.030 - Training
(a) A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member...
- Texas Section 1702.041 - Chief Administrator
(a) The chief administrator is responsible for the administration of this chapter under the direction of the board. The chief administrator shall perform duties as...
- Texas Section 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...
- Texas Section 1702.043 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the chief administrator and...
- Texas Section 1702.044 - Qualifications And Standards Of Conduct Information
The chief administrator or the chief administrator's designee shall provide to board members and to agency employees, as often as necessary, information regarding the requirements...
SUBCHAPTER D POWERS AND DUTIES OF BOARD
- Texas Section 1702.047 - Administrative Staff
The department shall designate a department employee who shall report directly to the board. The employee designated under this section shall provide administrative assistance to...
- Texas Section 1702.061 - General Powers And Duties Of Board
(a) The board shall perform the functions and duties provided by this chapter. (b) The board shall adopt rules and general policies to guide the...
- Texas Section 1702.0611 - Rulemaking Procedures
(a) The board may only adopt rules under this chapter on the approval of the Public Safety Commission as provided by this section. (b) Before...
- Texas Section 1702.0612 - Negotiated Rulemaking And Alternative Dispute Resolution
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 1702.062 - Fees
(a) The board by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter. The fees may not produce unnecessary...
- Texas Section 1702.063 - Board 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,...
- Texas Section 1702.0635 - Restrictions On Certain Rules
The board may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic...
- Texas Section 1702.064 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or...
- Texas Section 1702.0645 - Payment Of Fees And Fines
(a) The board may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter. (b) Rules adopted under...
- Texas Section 1702.066 - Service Of Process; Service Of Documents On Board
Legal process and documents required by law to be served on or filed with the board must be served on or filed with the chief...
- Texas Section 1702.067 - Board Records; Evidence
An official record of the board or an affidavit by the chief administrator as to the content of the record is prima facie evidence of...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 1702.068 - Appeal Bond Not Required
The board is not required to give an appeal bond in any cause arising under this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
- Texas Section 1702.081 - Public Interest Information
(a) The board shall prepare information of interest to consumers or recipients of services regulated under this chapter describing the board's regulatory functions and the...
- Texas Section 1702.082 - Complaints
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties...
- Texas Section 1702.083 - Public Participation
The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any...
- Texas Section 1702.084 - Public Access To Certain Records Of Disciplinary Actions
(a) The board shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the board...
SUBCHAPTER F LICENSING AND DUTIES OF INVESTIGATIONS COMPANIES AND SECURITY SERVICES CONTRACTORS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1702.103 - Classification And Limitation Of Licenses
(a) The license classifications are: (1) Class A: investigations company license, covering operations of an investigations company; (2) Class B: security services contractor license, covering...
- Texas Section 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...
- Texas Section 1702.1045 - Private Security Consulting Company
A person acts as a private security consulting company for purposes of this chapter if the person: (1) consults, advises, trains, or specifies or recommends...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 1702.109 - Guard Dog Company
A person acts as a guard dog company for the purposes of this chapter if the person places, rents, sells, or trains a dog used...
- Texas Section 1702.110 - Application For License
(a) An application for a license under this chapter must be in the form prescribed by the board and include: (1) the full name and...
- Texas Section 1702.111 - Issuance Of Branch Office License
(a) A license holder, in accordance with Section 1702.129, shall notify the board in writing of the establishment of a branch office and file in...
- Texas Section 1702.112 - Form Of License
The board shall prescribe the form of a license, including a branch office license. The license must include: (1) the name of the license holder;...
- Texas Section 1702.113 - General Qualifications For License, Certificate Of Registration, Or Security Officer Commission
Sec. 1702.113. GENERAL QUALIFICATIONS FOR LICENSE, CERTIFICATE OF REGISTRATION, OR SECURITY OFFICER COMMISSION. (a) An applicant for a license, certificate of registration, endorsement, or security...
- Texas Section 1702.114 - Additional Qualifications For Investigations Company License
(a) An applicant for a license to engage in the business of an investigations company or the applicant's manager must have, before the date of...
- Texas Section 1702.115 - Additional Qualifications For Security Services Contractor License
(a) An applicant for a license to engage in the business of a security services contractor or the applicant's manager must have, before the date...
- Texas Section 1702.116 - Qualifications For Guard Dog Company License; Inspections
(a) An applicant for a license to engage in the business of a guard dog company must: (1) meet the requirements of Sections 1702.113 and...
- Texas Section 1702.117 - Examination
(a) The board shall require an applicant for a license under this chapter or the applicant's manager to demonstrate qualifications in the person's license classification,...
- Texas Section 1702.118 - Examination Results
(a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the board shall notify the person...
- Texas Section 1702.1183 - Reciprocal License For Certain Applicants
(a) The board may waive any prerequisite to obtaining a license for an applicant who holds a license issued by another jurisdiction with which this...
- Texas Section 1702.1186 - Provisional License
(a) The board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks an equivalent license in this state and...
- Texas Section 1702.119 - Manager Required
(a) A license holder's business shall be operated under the direction and control of one manager. A license holder may not apply to designate more...
- Texas Section 1702.120 - False Application Of Manager
(a) An individual may not: (1) serve as manager of an investigations company, guard company, alarm systems company, armored car company, courier company, or guard...
- Texas Section 1702.121 - Termination Of Manager
(a) A license holder shall notify the board in writing not later than the 14th day after the date a manager ceases to be manager...
- Texas Section 1702.122 - Temporary Continuation Of License Holder's Business
Under the terms provided by board rule, a license holder's business may continue for a temporary period if the individual on the basis of whose...
- Texas Section 1702.123 - Insurance; Bond
(a) A license holder shall maintain on file with the board at all times the surety bond and certificate of insurance required by this chapter....
- Texas Section 1702.124 - Insurance Requirement
(a) An applicant is not eligible for a license unless the applicant provides as part of the application: (1) a certificate of insurance or other...
- Texas Section 1702.125 - Bond Requirement
A bond executed and filed with the board under this chapter remains in effect until the surety terminates future liability by providing to the board...
- Texas Section 1702.127 - License Holder Employees; Records
(a) A license holder may be legally responsible for the conduct in the license holder's business of each employee of the license holder while the...
- Texas Section 1702.128 - Posting Of License Required
A license holder shall at all times post: (1) the person's license in a conspicuous place in the principal place of business of the license...
- Texas Section 1702.129 - Notice Of Certain Changes; Branch Offices
(a) A license holder shall notify the board not later than the 14th day after the date of: (1) a change of address for the...
- Texas Section 1702.130 - Use Of Certain Titles, Uniforms, Insignia, Or Identifications Prohibited
(a) A license holder, or an officer, director, partner, manager, or employee of a license holder, may not: (1) use a title, an insignia, or...
- Texas Section 1702.131 - Advertising
An advertisement by a license holder soliciting or advertising business must contain the license holder's company name and address as stated in board records. Acts...
- Texas Section 1702.132 - Reports To Employer Or Client
(a) A written report submitted to a license holder's employer or client may only be submitted by the license holder or manager or a person...
- Texas Section 1702.133 - Confidentiality; Information Relating To Criminal Offense
(a) A license holder or an officer, director, partner, or manager of a license holder may not disclose to another information obtained by the person...
SUBCHAPTER G SECURITY OFFICER COMMISSION REQUIREMENTS
- Texas Section 1702.134 - License Holder Exemptions From Certain Local Regulations
(a) A license holder or an employee of a license holder is not required to obtain an authorization, permit, franchise, or license from, pay another...
- Texas Section 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...
- Texas Section 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 board on a...
- Texas Section 1702.163 - Qualifications For Security Officer Commission
(a) An applicant employed by a license holder is not eligible for a security officer commission unless the applicant submits as part of the application...
- Texas Section 1702.165 - Issuance Of Security Officer Commission; Pocket Card
(a) The board, with the concurrence of the department: (1) may issue a security officer commission to an individual employed as a uniformed security officer;...
- Texas Section 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...
- Texas Section 1702.1675 - Training Programs
(a) The board shall establish a basic training course for commissioned security officers. The course must include, at a minimum: (1) general security officer training...
- Texas Section 1702.168 - Firearm Requirements
(a) In addition to the requirements of Section 1702.163(a), the board by rule shall establish other qualifications for individuals who are employed in positions requiring...
- Texas Section 1702.1685 - Handgun Proficiency Examination
(a) The proficiency examination required to obtain or renew a security officer commission must include: (1) a written section on the subjects listed in Section...
- Texas Section 1702.169 - Firearm Restrictions
A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless: (1) the security officer is:...
- Texas Section 1702.170 - Nonapplicability Of Firearm Restrictions
Sections 1702.161, 1702.169, and 1702.206 do not apply to the holder of a temporary security officer commission who: (1) is in uniform; (2) possesses only...
SUBCHAPTER H EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY CERTAIN PERSONS; LETTER OF AUTHORITY REQUIREMENTS
- Texas Section 1702.171 - Security Officer Commission Records
The board shall adopt rules for the maintenance of records relating to an individual to whom the board has issued a security officer commission. Acts...
- Texas Section 1702.181 - Letter Of Authority Required
The security department of a private business or a political subdivision may not employ a commissioned security officer unless the security department holds a letter...
- Texas Section 1702.182 - Security Department Of Private Business
(a) A security department acts as the security department of a private business if it: (1) has as its general purpose the protection and security...
- Texas Section 1702.183 - Application For Letter Of Authority
A security department of a private business or of a political subdivision that applies for a security officer commission for an individual employed by the...
SUBCHAPTER I PERSONAL PROTECTION OFFICER ENDORSEMENT REQUIREMENTS
- Texas Section 1702.184 - Local Regulation Of Certain Security Services For Private Businesses
(a) Except as provided by Subsection (b), a political subdivision of this state may not require a private business to contract with or employ a...
- Texas Section 1702.201 - Personal Protection Officer Endorsement Required
An individual may not act as a personal protection officer unless the individual holds a personal protection officer endorsement. Acts 1999, 76th Leg., ch. 388,...
- Texas Section 1702.202 - Personal Protection Officer
An individual acts as a personal protection officer if the individual, while carrying a firearm, provides to another individual personal protection from bodily harm. Acts...
- Texas Section 1702.203 - Application For Personal Protection Officer Endorsement
An applicant for a personal protection officer endorsement must submit a written application on a form prescribed by the board. Acts 1999, 76th Leg., ch....
- Texas Section 1702.204 - Personal Protection Officer Endorsement; Qualifications
(a) An applicant for a personal protection officer endorsement must be at least 21 years of age and must provide: (1) a certificate of completion...
- Texas Section 1702.205 - Personal Protection Officer Training
(a) The board shall establish a 15-hour course for a personal protection officer consisting of training in nonlethal self-defense or defense of a third person....
SUBCHAPTER J REGISTRATION AND ENDORSEMENT REQUIREMENTS; DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
- Texas Section 1702.206 - Limited Authority To Carry Firearms
(a) An individual acting as a personal protection officer may not carry a firearm unless the officer: (1) is either: (A) engaged in the exclusive...
- Texas Section 1702.221 - Registration And Endorsement Required
(a) To perform any activity regulated by this chapter, the individual must: (1) register in accordance with the requirements of this chapter and related administrative...
- Texas Section 1702.222 - Security Officer
An individual acts as a security officer for purposes of this chapter if the individual is: (1) employed by a security services contractor or the...
- Texas Section 1702.2226 - Electronic Access Control Device Installer
(a) An individual acts as an electronic access control device installer for purposes of this chapter if the individual installs, maintains, or repairs an electronic...
- Texas Section 1702.2227 - Locksmith
(a) An individual acts as a locksmith for the purposes of this chapter if the person: (1) sells, installs, services, or maintains mechanical security devices,...
- Texas Section 1702.223 - Alarm Systems Installer
(a) An individual acts as an alarm systems installer for purposes of this chapter if the individual installs, maintains, or repairs an alarm system or...
- Texas Section 1702.224 - Alarm Systems Monitor
(a) An individual acts as an alarm systems monitor for purposes of this chapter if the individual monitors an alarm system or detection device. (b)...
- Texas Section 1702.225 - Dog Trainer
An individual acts as a dog trainer for purposes of this chapter if the individual, as the employee of a licensed guard dog company or...
- Texas Section 1702.227 - Security Salesperson
An individual acts as a security salesperson for purposes of this chapter if the individual is employed by a security services contractor to sell services...
- Texas Section 1702.228 - Employee Of License Holder; Registration Permitted
An employee of a license holder who is employed in a capacity that is not subject to mandatory registration under this subchapter may register with...
- Texas Section 1702.229 - Qualifications For Registration
(a) An applicant for registration must meet the qualifications required under Section 1702.113 for a license applicant. (b) In accordance with the requirements of Section...
- Texas Section 1702.230 - Application For Registration Or Endorsement
(a) An application for registration or endorsement must be verified and include: (1) the applicant's full name, residence address, residence telephone number, date and place...
- Texas Section 1702.2305 - Provisional Registration
(a) The board may issue a provisional registration to an applicant currently registered in another jurisdiction who seeks an equivalent registration in this state and...
- Texas Section 1702.232 - Pocket Cards
(a) The board shall issue a pocket card for each registrant under this chapter. A pocket card for an owner, officer, partner, or shareholder of...
- Texas Section 1702.233 - Duration Of Pocket Cards
A pocket card issued for a registrant is valid for two years and expires on the date the registration expires under Section 1702.301(d), (e), or...
- Texas Section 1702.234 - Registration And Endorsement Transfer
A registrant may transfer the registrant's registration and endorsements from one employer to another employer if, not later than the 14th day after the date...
- Texas Section 1702.235 - Preemployment Check For Noncommissioned Security Officers
A person may not hire a noncommissioned security officer unless the person conducts a preemployment check as required by board rule. Acts 1999, 76th Leg.,...
- Texas Section 1702.236 - Examination And Training Requirements For Electronic Access Control Device Installers
(a) The board shall require an individual who applies for an endorsement as an electronic access control device installer to pass an examination given by...
- Texas Section 1702.239 - Training Requirements For Alarm Systems Installer And Security Salesperson; Examination
(a) The board may require that an individual employed as an alarm systems installer or security salesperson hold a certification by a board-approved training program...
- Texas Section 1702.240 - Registration Exemptions For Undercover Agent
(a) For the purposes of this section, "undercover agent" means an individual hired by a person to perform a job in or for that person,...
SUBCHAPTER L GENERAL PROVISIONS APPLICABLE TO REGULATED PERSONS
- Texas Section 1702.241 - Jurisprudence Examination
(a) The board may develop and administer at least twice each calendar year a jurisprudence examination to determine the knowledge that an applicant for an...
- Texas Section 1702.282 - Criminal History Check
(a) The board shall conduct a criminal history check, including a check of any criminal history record information maintained by the Federal Bureau of Investigation,...
- Texas Section 1702.283 - Cruelty To Animals
A person who has been convicted of cruelty to animals under Section 42.09 or 42.092, Penal Code: (1) is ineligible for a license as a...
- Texas Section 1702.284 - Alarm Systems Records Confidential
(a) Information contained in alarm systems records maintained by a governmental body that concerns the location of an alarm system, the name of the occupant...
- Texas Section 1702.285 - False Representation
A person may not represent falsely that the person: (1) is employed by a license holder; or (2) is licensed, registered, endorsed, or commissioned under...
- Texas Section 1702.286 - Duties Of Alarm Systems Company
(a) On the installation or activation of an alarm system, an alarm systems company shall distribute to the occupant of the alarm system location information...
- Texas Section 1702.2865 - Customer Authorization Required For Certain Locksmith Services
(a) A locksmith company or locksmith may not perform services for a customer who seeks entry to a structure, motor vehicle, or other property unless...
- Texas Section 1702.287 - Detection Device Control Panels; Minimum Standards
An alarm systems company may not install any alarm system on or after January 1, 2007, that includes a detection device control panel unless the...
- Texas Section 1702.288 - Notice Of Certain Information To Recipient Of Alarm System Services
(a) The board shall adopt rules in accordance with this section that require a license holder acting as an alarm systems company under this chapter...
SUBCHAPTER M EXPIRATION; RENEWAL
- Texas Section 1702.289 - Inspections
(a) An employee or agent of the department or board, as applicable, who enters the place of business of a person regulated under this chapter...
- Texas Section 1702.301 - Expiration
(a) A license is valid for one year from the date of issuance. A license expires at midnight on the last day of the 11th...
- Texas Section 1702.302 - License Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the board...
- Texas Section 1702.303 - Renewal Of Expired License By Out-of-state Practitioner
A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state...
- Texas Section 1702.304 - Staggered Renewal; Proration Of License Fee
The board by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the expiration...
- Texas Section 1702.305 - Effect Of License Renewal On Disciplinary Action
Renewal of a license does not prohibit the bringing of disciplinary proceedings for an act committed before the effective date of the renewal. Acts 1999,...
- Texas Section 1702.306 - Effect Of Suspension On License Renewal Requirements
A suspended license expires on the license's expiration date and may be renewed as provided by this chapter, but the renewal does not entitle the...
- Texas Section 1702.307 - Registration Renewal
(a) An individual who is otherwise eligible to renew a registration may renew an unexpired registration by paying the required renewal fee to the board...
- Texas Section 1702.308 - Continuing Education
(a) This section does not apply to a noncommissioned security officer. (b) The board shall recognize, prepare, or administer continuing education programs for license holders,...
SUBCHAPTER N EXCEPTIONS
- Texas Section 1702.309 - Security Officer Commission Renewal
(a) The board by rule shall develop a continuing education course required for renewal of a security officer commission. Only a board-approved instructor may administer...
- Texas Section 1702.321 - Government Employees
(a) Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a...
- Texas Section 1702.322 - Law Enforcement Personnel
This chapter does not apply to: (1) a person who has full-time employment as a peace officer and who receives compensation for private employment on...
- Texas Section 1702.323 - Security Department Of Private Business
(a) Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly...
- Texas Section 1702.324 - Certain Occupations
(a) For the purposes of this section, "landman" means an individual who, in the course and scope of the individual's business: (1) acquires or manages...
- Texas Section 1702.325 - Common Carriers
This chapter does not apply to: (1) a common carrier by rail engaged in interstate commerce, regulated by state and federal authorities, and transporting commodities...
- Texas Section 1702.326 - Medical Alert Services
(a) This chapter does not apply to an entity that: (1) provides medical alert services for persons who are sick or disabled; (2) does not...
- Texas Section 1702.327 - Nonprofit And Civic Organizations
This chapter does not apply to: (1) a nonprofit business or civic organization that: (A) employs a peace officer who meets the qualifications of Section...
- Texas Section 1702.328 - Security Systems Sales And Installation
This chapter does not apply to: (1) a person who owns and installs a burglar detection or alarm device on the person's own property or,...
- Texas Section 1702.329 - Fire Alarm And Detection Sales And Installation
This chapter does not apply to: (1) a person whose activities are regulated under Article 5.43-2, Insurance Code, except to the extent those activities are...
- Texas Section 1702.330 - Security Personnel Of Private Institution Of Higher Education
This chapter does not apply to: (1) a person who is employed full-time by and is commissioned as a campus security personnel employee by a...
- Texas Section 1702.331 - Personal Emergency Response Systems
(a) In this section, "personal emergency response system" means an alarm system that is: (1) installed in the residence of a person; (2) monitored by...
SUBCHAPTER O PROHIBITED PRACTICES AND GROUNDS FOR DENIAL AND DISCIPLINARY ACTION
- Texas Section 1702.332 - Telematics Service Providers
(a) In this section, "telematics service" means: (1) a service that: (A) is provided to owners, operators, and occupants of consumer vehicles or commercial fleet...
- Texas Section 1702.361 - Denial And Disciplinary Actions; Grounds
(a) The department, for conduct described by Subsection (b), may: (1) deny an application or revoke, suspend, or refuse to renew a license, registration, endorsement,...
- Texas Section 1702.3615 - Direct Appeal In Limited Cases
(a) An applicant may appeal directly to the board the denial of a license, registration, or security officer commission application if: (1) the sole basis...
- Texas Section 1702.362 - Failure To File Required Notice
The board may suspend or revoke a license if the license holder fails to notify the board as required by Section 1702.121 that a manager...
- Texas Section 1702.363 - Application Of Administrative Procedure Act
Except as provided by Sections 1702.3615(b) and 1702.364, a person regulated under this chapter against whom the board has taken action is entitled to a...
- Texas Section 1702.364 - Summary Actions
(a) On receiving written notice from a law enforcement agency that a person has been charged with or convicted of an offense that would make...
- Texas Section 1702.365 - Abduction Of Child
The board shall revoke a person's license, registration, endorsement, or security officer commission or deny a person's application for, or renewal of, a license, registration,...
- Texas Section 1702.367 - Complaint Investigation; Subpoena; Witness
(a) For an investigation conducted under this chapter, if necessary to enforce this chapter or the board's rules, the department may issue an administrative subpoena...
- Texas Section 1702.368 - Notification Of Conviction For Certain Offenses
The department shall notify the board and the police department of the municipality and the sheriff's department of the county in which a person licensed,...
- Texas Section 1702.369 - No Reinstatement After Revocation
A revoked license may not be reinstated. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 1702.370 - Effect Of Suspension; Monitoring Of Existing Alarm Contracts
Subject to expiration of the license under Section 1702.306, a license holder may continue to monitor under an existing alarm contract or contract to monitor...
- Texas Section 1702.3705 - Prohibition Against Certain Political Subdivisions Acting As Alarm Systems Company
(a) Except as provided by Subsection (b), a political subdivision may not offer residential alarm system sales, service, installation, or monitoring unless it has been...
- Texas Section 1702.371 - Conviction Of Certain Crimes
For purposes of this chapter, a person is considered to be convicted of an offense if a court enters a judgment against the person for...
SUBCHAPTER P PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 1702.372 - Recusal Of Board Member
(a) A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint: (1) may not vote on...
- Texas Section 1702.381 - Civil Penalty
(a) A person who is not licensed under this chapter, who does not have a license application pending, and who violates this chapter may be...
- Texas Section 1702.382 - Injunction
(a) An attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute an action against a person to...
- Texas Section 1702.383 - Action For Civil Penalty Or Injunction
If a person has violated a provision of this chapter for which a penalty is imposed under Section 1702.381, an attorney for the department, the...
- Texas Section 1702.3835 - Deceptive Trade Practice
(a) A person who performs or offers to perform an activity regulated under this chapter, but who is not licensed or otherwise authorized under this...
- Texas Section 1702.384 - Falsification Of Certain Documents; Offense
(a) A person commits an offense if the person knowingly falsifies fingerprints or photographs submitted under Section 1702.110. (b) An offense under this section is...
- Texas Section 1702.3841 - Insufficient Insurance Coverage; Offense
(a) A person commits an offense if the person is subject to Section 1702.124 and knowingly fails to provide and maintain a certificate of insurance...
- Texas Section 1702.385 - Neglect By Guard Dog Company; Offense
(a) A license holder commits an offense if the license holder: (1) operates a guard dog company; and (2) fails to provide necessary food, care,...
- Texas Section 1702.386 - Unauthorized Employment; Offense
(a) A person commits an offense if the person contracts with or employs a person who is required to hold a license, registration, endorsement, or...
- Texas Section 1702.3863 - Unauthorized Contract With Bail Bond Surety; Offense
(a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to...
- Texas Section 1702.3867 - Execution Of Capias Or Arrest Warrant; Offense
(a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not: (1) enter a residence without...
- Texas Section 1702.387 - Failure To Surrender Certain Documents; Offense
(a) A person commits an offense if the person fails to surrender or immediately return to the board the person's registration, commission, pocket card, or...
- Texas Section 1702.3875 - Impersonating Security Officer; Offense
(a) A person commits an offense if the person: (1) impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit...
- Texas Section 1702.388 - Violation Of Chapter; Offense
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed. (b)...
SUBCHAPTER Q ADMINISTRATIVE PENALTY
- Texas Section 1702.389 - Venue
An offense under this chapter may be prosecuted in Travis County or in the county in which the offense occurred. Acts 1999, 76th Leg., ch....
- Texas Section 1702.401 - Imposition Of Penalty
In addition to any other disciplinary action taken by the department, and subject to the board's final order in a hearing under this subchapter, the...
- Texas Section 1702.402 - Amount Of Penalty
(a) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of each separate violation may...
- Texas Section 1702.403 - Notice Of Violation And Penalty
(a) If the department determines that a violation has occurred, the department shall give written notice to the person. (b) The notice must: (1) include...
- Texas Section 1702.404 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice, the person in writing may: (1) accept the determination and...
- Texas Section 1702.405 - Hearing
(a) If the person requests a hearing, the department shall set a hearing and give written notice of the hearing to the person. An administrative...
- Texas Section 1702.406 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for a decision, the board by order may: (1) find that a violation...
- Texas Section 1702.413 - Administrative Procedure
A proceeding to impose the penalty is considered to be a contested case under Chapter 2001, Government Code. Added by Acts 2001, 77th Leg., ch....