6-240318 Attachment B 1702 Texas Department of Public Safety.pdf

TEXAS

PRIVATE SECURITY

STATUTES & RULES

2021-2022 Edition

Statutes are current through the 87th Legislative Session, 2021; rules are those in effect as of January 10, 2022.

Issued by Texas Department of Public Safety

Austin, Texas

January 2022

TABLE OF CONTENTS

CHAPTER 1702 OCCUPATIONS CODE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1702.001. SHORT TITLE

Sec. 1702.002. DEFINITIONS

Sec. 1702.004. GENERAL SCOPE OF

REGULATION

Sec. 1702.005. DEPARTMENT OF PUBLIC

SAFETY; REFERENCES

Sec. 1702.006. FOREIGN ENTITY

REGISTRATION

SUBCHAPTER B. TEXAS PRIVATE SECURITY

ADVISORY COMMITTEE

Sec. 1702.021. COMMITTEE MEMBERSHIP;

APPLICABILITY OF OTHER

LAW

Sec. 1702.023. ELIGIBILITY OF PUBLIC

MEMBERS

Sec. 1702.024. MEMBERSHIP AND EMPLOYEE

RESTRICTIONS

Sec. 1702.025. TERMS; VACANCIES

Sec. 1702.026. OFFICERS

Sec. 1702.027. GROUNDS FOR REMOVAL

Sec. 1702.028. REIMBURSEMENT

Sec. 1702.029. MEETINGS

Sec. 1702.031. DUTIES OF ADVISORY

COMMITTEE

Sec. 1702.032. COMMISSION LIAISON

SUBCHAPTER C. CHIEF ADMINISTRATOR AND

PERSONNEL

Sec. 1702.041. CHIEF ADMINISTRATOR

Sec. 1702.042. PERSONNEL; CONFLICT OF

INTEREST

Sec. 1702.044. QUALIFICATIONS AND

STANDARDS OF CONDUCT

INFORMATION

SUBCHAPTER D. POWERS AND DUTIES

Sec. 1702.061. GENERAL POWERS AND

DUTIES

Sec. 1702.062. FEES

Sec. 1702.063. USE OF FINES

Sec. 1702.0635. RESTRICTIONS ON CERTAIN

RULES

Sec. 1702.064. RULES RESTRICTING

ADVERTISING OR

COMPETITIVE BIDDING

Sec. 1702.0645. PAYMENT OF FEES AND

FINES

Sec. 1702.067. RECORDS; EVIDENCE

Sec. 1702.068. APPEAL BOND NOT

REQUIRED

SUBCHAPTER E. PUBLIC INTEREST

INFORMATION

Sec. 1702.084. PUBLIC ACCESS TO CERTAIN

RECORDS OF DISCIPLINARY

ACTIONS

Sec. 1702.085. CONFIDENTIALITY OF

RECORDS

SUBCHAPTER F. LICENSING AND DUTIES OF

INVESTIGATIONS COMPANIES AND SECURITY

SERVICES CONTRACTORS

Sec. 1702.101. INVESTIGATIONS COMPANY

LICENSE REQUIRED

Sec. 1702.102. SECURITY SERVICES

CONTRACTOR LICENSE

REQUIRED; SCOPE OF

LICENSE

Sec. 1702.1025. ELECTRONIC ACCESS

CONTROL DEVICE COMPANY

LICENSE REQUIRED; SCOPE

OF LICENSE

Sec. 1702.103. CLASSIFICATION AND

LIMITATION OF COMPANY

LICENSES

Sec. 1702.104. INVESTIGATIONS COMPANY.20

Sec. 1702.105. ALARM SYSTEMS COMPANY.

Sec. 1702.1055. ELECTRONIC ACCESS

CONTROL DEVICE COMPANY.

Sec. 1702.1056. LOCKSMITH COMPANY

Sec. 1702.106. ARMORED CAR COMPANY

Sec. 1702.107. COURIER COMPANY

Sec. 1702.108. GUARD COMPANY

Sec. 1702.110. APPLICATION FOR COMPANY

LICENSE

Sec. 1702.112. FORM OF COMPANY LICENSE.

Sec. 1702.113. GENERAL QUALIFICATIONS

FOR COMPANY LICENSE OR

SECURITY OFFICER

COMMISSION

Sec. 1702.114. ADDITIONAL QUALIFICATIONS

FOR INVESTIGATIONS

COMPANY LICENSE

Sec. 1702.115. ADDITIONAL QUALIFICATIONS

FOR SECURITY SERVICES

CONTRACTOR LICENSE

Sec. 1702.117. EXAMINATION

Sec. 1702.118. EXAMINATION RESULTS

Sec. 1702.1183. RECIPROCAL COMPANY

LICENSE FOR CERTAIN

APPLICANTS

Sec. 1702.1186. PROVISIONAL COMPANY

LICENSE

Sec. 1702.122. TEMPORARY CONTINUATION

OF COMPANY LICENSE

HOLDER'S BUSINESS

Sec. 1702.123. INSURANCE; BOND

Sec. 1702.124. INSURANCE REQUIREMENT. 26

Sec. 1702.125. BOND REQUIREMENT

Sec. 1702.127. COMPANY LICENSE HOLDER

EMPLOYEES; RECORDS

Sec. 1702.128. POSTING OF COMPANY

LICENSE REQUIRED

Sec. 1702.129. NOTICE OF CERTAIN

CHANGES; BRANCH OFFICES.

Sec. 1702.130. USE OF CERTAIN TITLES, UNIFORMS, INSIGNIA, OR

IDENTIFICATIONS

PROHIBITED

Sec. 1702.131. ADVERTISING

Sec. 1702.132. REPORTS TO EMPLOYER OR

CLIENT

Sec. 1702.133. CONFIDENTIALITY;

INFORMATION RELATING TO

CRIMINAL OFFENSE

Sec. 1702.134. COMPANY LICENSE HOLDER

EXEMPTIONS FROM CERTAIN

LOCAL REGULATIONS

SUBCHAPTER G. SECURITY OFFICER

COMMISSION REQUIREMENTS

Sec. 1702.161. SECURITY OFFICER

COMMISSION REQUIRED

Sec. 1702.162. EMPLOYER'S APPLICATION

FOR SECURITY OFFICER

COMMISSION

Sec. 1702.163. QUALIFICATIONS FOR

SECURITY OFFICER

COMMISSION

Sec. 1702.165. ISSUANCE OF SECURITY

OFFICER COMMISSION;

POCKET CARD

Sec. 1702.167. TERMINATION OF

EMPLOYMENT AS

COMMISSIONED SECURITY

OFFICER; TRANSFER OF

COMMISSION

Sec. 1702.1675. TRAINING PROGRAMS

Sec. 1702.168. FIREARM REQUIREMENTS

Sec. 1702.1685. HANDGUN PROFICIENCY

EXAMINATION

Sec. 1702.169. FIREARM RESTRICTIONS

Sec. 1702.170. NONAPPLICABILITY OF

FIREARM RESTRICTIONS

Sec. 1702.171. SECURITY OFFICER

COMMISSION RECORDS

SUBCHAPTER H. EMPLOYMENT OF

COMMISSIONED SECURITY OFFICER BY

CERTAIN PERSONS; REQUIREMENTS

Sec. 1702.181. NOTICE AND REGISTRATION

REQUIRED; REGISTRY

Sec. 1702.182. SECURITY DEPARTMENT OF

PRIVATE BUSINESS

Sec. 1702.184. LOCAL REGULATION OF

CERTAIN SECURITY SERVICES

FOR PRIVATE BUSINESSES. . 35

SUBCHAPTER I. PERSONAL PROTECTION

OFFICER LICENSE REQUIREMENTS

Sec. 1702.201. PERSONAL PROTECTION

OFFICER LICENSE REQUIRED.

Sec. 1702.202. PERSONAL PROTECTION

OFFICER

Sec. 1702.203. APPLICATION FOR PERSONAL

PROTECTION OFFICER

LICENSE

Sec. 1702.204. PERSONAL PROTECTION

OFFICER LICENSE;

QUALIFICATIONS

Sec. 1702.205. PERSONAL PROTECTION

OFFICER TRAINING

Sec. 1702.206. LIMITED AUTHORITY TO

CARRY FIREARMS

SUBCHAPTER J. LICENSING AND DUTIES OF

INDIVIDUALS

Sec. 1702.221. INDIVIDUAL LICENSE

REQUIRED

Sec. 1702.222. SECURITY OFFICER

Sec. 1702.2226. ELECTRONIC ACCESS

CONTROL DEVICE INSTALLER.

Sec. 1702.2227. LOCKSMITH

Sec. 1702.223. ALARM SYSTEMS INSTALLER.

Sec. 1702.224. ALARM SYSTEMS MONITOR. 38

Sec. 1702.229. QUALIFICATIONS FOR

INDIVIDUAL LICENSE

Sec. 1702.230. APPLICATION FOR INDIVIDUAL

LICENSE

Sec. 1702.2305. PROVISIONAL INDIVIDUAL

LICENSE

Sec. 1702.232. POCKET CARDS

Sec. 1702.233. DURATION OF POCKET

CARDS

Sec. 1702.234. TRANSFER OF INDIVIDUAL

LICENSE

Sec. 1702.235. PREEMPLOYMENT CHECK

FOR NONCOMMISSIONED

SECURITY OFFICERS

Sec. 1702.236. EXAMINATION AND TRAINING

REQUIREMENTS FOR

ELECTRONIC ACCESS

CONTROL DEVICE

INSTALLERS

Sec. 1702.239. TRAINING REQUIREMENTS

FOR ALARM SYSTEMS

INSTALLER; EXAMINATION

Sec. 1702.240. EXEMPTIONS FOR

UNDERCOVER AGENT

Sec. 1702.241. JURISPRUDENCE

EXAMINATION

SUBCHAPTER L. GENERAL PROVISIONS

APPLICABLE TO REGULATED PERSONS

Sec. 1702.282. CRIMINAL HISTORY CHECK. . 42

Sec. 1702.283. CRUELTY TO ANIMALS

Sec. 1702.284. ALARM SYSTEMS RECORDS

CONFIDENTIAL

Sec. 1702.285. FALSE REPRESENTATION

Sec. 1702.286. DUTIES OF ALARM SYSTEMS

COMPANY

Sec. 1702.2865. CUSTOMER AUTHORIZATION

REQUIRED FOR CERTAIN

LOCKSMITH SERVICES

Sec. 1702.287. DETECTION DEVICE CONTROL

PANELS; MINIMUM

STANDARDS

Sec. 1702.288. NOTICE OF CERTAIN

INFORMATION TO RECIPIENT

OF ALARM SYSTEM SERVICES.

Sec. 1702.289. INSPECTIONS

SUBCHAPTER M. EXPIRATION; RENEWAL

Sec. 1702.301. EXPIRATION

Sec. 1702.302. LICENSE RENEWAL

Sec. 1702.303. RENEWAL OF EXPIRED

LICENSE BY OUT-OF-STATE

PRACTITIONER

Sec. 1702.305. EFFECT OF LICENSE

RENEWAL ON DISCIPLINARY

ACTION

Sec. 1702.306. EFFECT OF SUSPENSION ON

LICENSE RENEWAL

REQUIREMENTS

Sec. 1702.308. CONTINUING EDUCATION

Sec. 1702.309. SECURITY OFFICER

COMMISSION RENEWAL

SUBCHAPTER N. EXCEPTIONS

Sec. 1702.321. GOVERNMENT EMPLOYEES. 47

Sec. 1702.322. LAW ENFORCEMENT

PERSONNEL

Sec. 1702.323. SECURITY DEPARTMENT OF

PRIVATE BUSINESS

Sec. 1702.324. CERTAIN OCCUPATIONS

Sec. 1702.325. COMMON CARRIERS

Sec. 1702.326. MEDICAL ALERT SERVICES. . 51

Sec. 1702.327. NONPROFIT AND CIVIC

ORGANIZATIONS

Sec. 1702.328. SECURITY SYSTEMS SALES

AND INSTALLATION

Sec. 1702.329. FIRE ALARM AND DETECTION

SALES AND INSTALLATION. .. 52

Sec. 1702.330. SECURITY PERSONNEL OF

PRIVATE INSTITUTION OF

HIGHER EDUCATION

Sec. 1702.331. PERSONAL EMERGENCY

RESPONSE SYSTEMS

Sec. 1702.332. TELEMATICS SERVICE

PROVIDERS

Sec. 1702.333. PLACE OF RELIGIOUS

WORSHIP; CERTAIN

VOLUNTEERS

SUBCHAPTER O. PROHIBITED PRACTICES AND

GROUNDS FOR DENIAL AND DISCIPLINARY

ACTION

Sec. 1702.361. DENIAL AND DISCIPLINARY

ACTIONS; GROUNDS

Sec. 1702.363. APPLICATION OF

ADMINISTRATIVE PROCEDURE

ACT

Sec. 1702.364. SUMMARY ACTIONS

Sec. 1702.365. ABDUCTION OF CHILD

Sec. 1702.367. COMPLAINT INVESTIGATION;

SUBPOENA; WITNESS

Sec. 1702.368. NOTIFICATION OF

CONVICTION FOR CERTAIN

OFFENSES

Sec. 1702.369. NO REINSTATEMENT AFTER

REVOCATION

Sec. 1702.370. EFFECT OF SUSPENSION;

MONITORING OF EXISTING

ALARM CONTRACTS

Sec. 1702.3705. PROHIBITION AGAINST

CERTAIN POLITICAL

SUBDIVISIONS ACTING AS

ALARM SYSTEMS COMPANY.

Sec. 1702.372. RECUSAL OF COMMISSION

MEMBER

SUBCHAPTER P. PENALTIES AND

ENFORCEMENT PROVISIONS

Sec. 1702.381. CIVIL PENALTY

Sec. 1702.382. INJUNCTION

Sec. 1702.383. ACTION FOR CIVIL PENALTY

OR INJUNCTION

Sec. 1702.3835. DECEPTIVE TRADE

PRACTICE

Sec. 1702.384. FALSIFICATION OF CERTAIN

DOCUMENTS; OFFENSE

Sec. 1702.3841. INSUFFICIENT INSURANCE

COVERAGE; OFFENSE

Sec. 1702.386. UNAUTHORIZED

EMPLOYMENT; OFFENSE

Sec. 1702.3863. UNAUTHORIZED CONTRACT

WITH BAIL BOND SURETY;

OFFENSE

Sec. 1702.3867. EXECUTION OF CAPIAS OR

ARREST WARRANT;

OFFENSE

Sec. 1702.387. FAILURE TO SURRENDER

CERTAIN DOCUMENTS;

OFFENSE

Sec. 1702.3875. IMPERSONATING SECURITY

OFFICER; OFFENSE

Sec. 1702.3876. IMPERSONATING PRIVATE

INVESTIGATOR; OFFENSE

Sec. 1702.388. VIOLATION OF CHAPTER;

OFFENSE

Sec. 1702.389. VENUE

GOVERNMENT CODE

SUBCHAPTER Q. POWERS AND DUTIES

RELATED TO CERTAIN REGULATORY

PROGRAM

Sec. 411.501. DEFINITION

Sec. 411.502. APPLICABILITY

Sec. 411.503. FINAL ENFORCEMENT

AUTHORITY

Sec. 411.504. COMPLAINTS

Sec. 411.505. INVESTIGATIONS

Sec. 411.506. INFORMAL COMPLAINT

RESOLUTION AND INFORMAL

PROCEEDINGS

Sec. 411.507. LICENSE DENIAL;

ADMINISTRATIVE SANCTION.

Sec. 411.508. RIGHT TO NOTICE AND

HEARING; ADMINISTRATIVE

PROCEDURE

Sec. 411.509. CEASE AND DESIST ORDER. .. 65

Sec. 411.510. INJUNCTIVE RELIEF

Sec. 411.511. STAGGERED RENEWAL;

PRORATION OF LICENSE FEE.

Sec. 411.512. ANNUAL REGULATORY

REPORT

SUBCHAPTER R. ADMINISTRATIVE PENALTY . 66

Sec. 411.521. DEFINITION

Sec. 411.522. APPLICABILITY

Sec. 411.523. IMPOSITION OF PENALTY

Sec. 411.524. AMOUNT OF PENALTY

Sec. 411.525. IMPOSITION OF SANCTION

Sec. 411.526. NOTICE OF VIOLATION AND

PENALTY

Sec. 411.527. PENALTY TO BE PAID OR

HEARING REQUESTED

Sec. 411.528. HEARING ON

RECOMMENDATIONS

Sec. 411.529. DECISION BY COMMISSION

Sec. 411.530. OPTIONS FOLLOWING

DECISION: PAY OR APPEAL. 67

Sec. 411.531. COLLECTION OF PENALTY

Sec. 411.532. REMITTANCE OF PENALTY AND

INTEREST

Sec. 411.533. ADMINISTRATIVE PROCEDURE.

CHAPTER 53 – OCCUPATIONS CODE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 53.002. APPLICABILITY OF CHAPTER

Sec. 53.003. LEGISLATIVE INTENT; LIBERAL

CONSTRUCTION OF

SUBCHAPTER

SUBCHAPTER B. INELIGIBILITY FOR LICENSE 69

Sec. 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY LICENSE.

Sec. 53.0211. LICENSING OF CERTAIN

APPLICANTS WITH PRIOR

CRIMINAL CONVICTIONS

Sec. 53.022. FACTORS IN DETERMINING

WHETHER CONVICTION

DIRECTLY RELATES TO

OCCUPATION

Sec. 53.023. ADDITIONAL FACTORS FOR

LICENSING AUTHORITY TO

CONSIDER AFTER

DETERMINING CONVICTION

DIRECTLY RELATES TO

OCCUPATION

Sec. 53.0231. LIMITATION REGARDING

CONSIDERATION OF CERTAIN

ARRESTS

Sec. 53.0231. NOTICE OF PENDING DENIAL

OF LICENSE

Sec. 53.024. PROCEEDINGS GOVERNED BY

ADMINISTRATIVE PROCEDURE

ACT

Sec. 53.025. GUIDELINES

Sec. 53.026. APPLICANT BEST PRACTICES

GUIDE

SUBCHAPTER C. NOTICE AND REVIEW OF

SUSPENSION, REVOCATION, OR DENIAL OF

LICENSE

Sec. 53.051. NOTICE

Sec. 53.052. JUDICIAL REVIEW

SUBCHAPTER D. PRELIMINARY EVALUATION

OF LICENSE ELIGIBILITY

Sec. 53.101. DEFINITIONS

Sec. 53.102. REQUEST FOR CRIMINAL

HISTORY EVALUATION

LETTER

Sec. 53.103. AUTHORITY TO INVESTIGATE. . 74

Sec. 53.104. DETERMINATION OF ELIGIBILITY;

LETTER

Sec. 53.105. FEES

SUBCHAPTER E. NOTICE OF POTENTIAL

INELIGIBILITY FOR LICENSE

Sec. 53.151. DEFINITIONS

Sec. 53.152. NOTICE BY ENTITIES PROVIDING

EDUCATIONAL PROGRAMS. .. 75

Sec. 53.153. REFUND AND ORDERED

PAYMENTS

BUSINESS ORGANIZATIONS CODE

CHAPTER 5. NAME OF ENTITIES; REGISTERED

AGENTS AND REGISTERED OFFICES

SUBCHAPTER B. GENERAL PROVISIONS

RELATING TO NAMES OF ENTITIES

Sec. 5.064. NAME FALSELY IMPLYING

GOVERNMENTAL AFFILIATION

PROHIBITED

Sec. 5.065. FALSE IMPLICATION OF

GOVERNMENTAL AFFILIATION;

AUTHORITY OF SECRETARY

OF STATE AND ATTORNEY

GENERAL

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 150C. ENTITY NAME FALSELY

IMPLYING GOVERNMENTAL AFFILIATION

Sec. 150C.001. DEFINITION

Sec. 150C.002. FALSELY IMPLYING

GOVERNMENTAL AFFILIATION

ADMINISTRATIVE RULES

SUBCHAPTER A – GENERAL PROVISIONS

RULE § 35.1 DEFINITIONS

RULE § 35.2 EMPLOYMENT REQUIREMENTS

RULE § 35.3 INDIVIDUAL LICENSE APPLICANT

PRE-EMPLOYMENT CHECK ... 79

RULE §35.4 GUIDELINES FOR DISQUALIFYING

CRIMINAL OFFENSES

RULE §35.5 STANDARDS OF CONDUCT

RULE §35.6 CONTRACT AND NOTIFICATION

REQUIREMENTS

RULE §35.7 FIREARM STANDARDS

RULE §35.8 CONSUMER INFORMATION AND

SIGNAGE

RULE §35.9 ADVERTISEMENTS

RULE §35.10 EXECUTION OF CAPIAS OR

ARREST WARRANT

RULE §35.12 CLASSIFICATION OF

ELECTRONIC ACCESS

CONTROL DEVICE COMPANY

LICENSE

RULE §35.13 DRUG-FREE WORKPLACE

POLICY

RULE §35.14 SECURITY OFFICER UNIFORMS

RULE §35.21 INDIVIDUAL LICENSE

APPLICATIONS

RULE §35.22 RENEWAL INDIVIDUAL LICENSE

APPLICATIONS

RULE §35.23 TERMINATION OF INCOMPLETE

APPLICATIONS

RULE §35.24 PHOTOGRAPHS

RULE §35.25 ASSUMED NAMES;

CORPORATIONS

RULE §35.26 RECLASSIFICATION,

ASSIGNMENT, AND

TERMINATION

RULE §35.27 INSURANCE

RULE §35.28 INDIVIDUAL LICENSEE OR

COMMISSIONED SECURITY

OFFICER NAME CHANGE

RULE §35.29 EMPLOYEE TERMINATION

RULE §35.30 COMPANY LICENSE

APPLICATION REQUIREMENTS

RULE §35.31 LICENSE EXPIRATION

RULE §35.41 COMPANY REPRESENTATIVE .. 90

RULE §35.42 EXAMINATION

RULE §35.43 TEMPORARY CONTINUATION OF

BUSINESS

RULE §35.51 COMPLAINTS

RULE §35.52 ADMINISTRATIVE PENALTIES... 92

RULE §35.61 SERVICE OF NOTICE

RULE §35.62 PRELIMINARY HEARING:

SETTLEMENT CONFERENCE 94

RULE §35.81 APPLICATION FOR A SECURITY

OFFICER COMMISSION

RULE §35.82 COMMISSIONED SECURITY

OFFICER STANDARDS

RULE §35.83 RENEWAL OF SECURITY

OFFICER COMMISSION

RULE §35.91 REQUIREMENTS FOR

PERSONAL PROTECTION

LICENSE

RULE §35.92 EMPLOYER REQUIREMENTS

RULE §35.93 PERSONAL PROTECTION

OFFICER STANDARDS

RULE §35.101 SECURITY DEPARTMENT OF

PRIVATE BUSINESS

RULE §35.102 SECURITY DEPARTMENT OF

POLITICAL SUBDIVISION

RULE §35.111 EMPLOYEE RECORDS

RULE §35.112 BUSINESS RECORDS

RULE §35.121 INVESTIGATIONS COMPANY

LICENSE

RULE §35.122 GUARD COMPANY LICENSE ... 99

RULE §35.123 LOCKSMITH COMPANY

LICENSE

RULE §35.131 LICENSING AND EXAMINATION

FEES

RULE §35.132 SUBSCRIPTION FEES

RULE §35.141 TRAINING REQUIREMENTS... 102

RULE §35.142 TRAINING SCHOOL APPROVAL

RULE §35.143 TRAINING INSTRUCTOR

APPROVAL

RULE §35.144 TRAINING MANUALS AND

EXAMINATIONS FOR

COMMISSIONED SECURITY

OFFICER AND PERSONAL

PROTECTION OFFICER

RULE §35.145 HANDGUN COURSE

RULE §35.146 SHOTGUN COURSE OF FIRE 106

RULE §35.147 CERTIFICATES OF

COMPLETION, TRAINING

RECORDS, AND NOTIFICTIONS

RULE §35.161 CONTINUING EDUCATION

REQUIREMENTS

RULE §35.162 CONTINUING EDUCATION

SCHOOLS

RULE §35.171 UNLICENSED GENERAL

CONTRACTORS OR OTHER

INTERMEDIARIES

RULE §35.172 CERTAIN LOCKSMITH

SERVICES

RULE §35.173 ELECTRONIC ACCESS

CONTROL DEVICE

RULE §35.181 EXEMPTIONS FROM PENALTY

FOR FAILURE TO RENEW IN

TIMELY MANNER

RULE §35.182 EXTENSION OF LICENSE

RENEWAL DEADLINES FOR

MILITARY SERVICE MEMBERS

RULE §35.183 ALTERNATIVE LICENSING FOR

MILITARY SERVICE MEMBERS,

MILITARY VETERANS, AND

MILITARY SPOUSES

RULE §35.184 CREDIT FOR MILITARY

EXPERIENCE AND TRAINING

RULE §35.185 DEFINITIONS

CHAPTER 1702 OCCUPATIONS CODE

TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY

CHAPTER 1702. PRIVATE SECURITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1702.001. SHORT TITLE.

This chapter may be cited as the Private Security Act.

Sec. 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 a person or object into a residence, business, or area monitored by the system; or

(ii) the occurrence of a robbery or other emergency;

(B) electronic equipment and devices using a computer or data processor designed to control the access of a person, vehicle, or object through a door, gate, or entrance into the controlled area of a residence or business; or

(C) a television camera or still camera system that:

(i) records or archives images of property or individuals in a public or private area of a residence or business; or

(ii) is monitored by security personnel or services.

(1-a) For purposes of Subdivision (1), the term "alarm system" does not include a telephone entry system, an operator for opening or closing a residential or commercial gate or door, or an accessory used only to activate a gate or door, if the system, operator, or accessory is not monitored by security personnel or a security service and does not send a signal to which law enforcement or emergency services respond.

(1-b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(1), eff. September 1, 2019.

(2) "Branch office" means an office that is:

(A) identified to the public as a place from which business is conducted, solicited, or advertised; and

(B) at a place other than the principal place of business as shown in department records.

(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(2), eff. September 1, 2019.

(4) "Commission" means the Public Safety Commission.

(5) "Commissioned security officer" means a security officer to whom a security officer commission has been issued by the department.

(5-a) "Committee" means the Texas Private Security Advisory Committee established under this chapter.

(5-b) "Company license" means a license issued by the department that entitles a person to operate as a security services contractor or investigations company.

http://www.legis.state.tx.us/tlodocs/86R/billtext/html/SB00616F.HTM http://www.legis.state.tx.us/tlodocs/86R/billtext/html/SB00616F.HTM http://www.legis.state.tx.us/tlodocs/86R/billtext/html/SB00616F.HTM

(5-c) "Department" means the Department of Public Safety of the State of Texas.

(6) "Detection device" means an electronic device used as a part of an alarm system, including a control, communications device, motion detector, door or window switch, sound detector, vibration detector, light beam, pressure mat, wiring, or similar device.

(6-a) "Electronic access control device" means an electronic, electrical, or computer-based device, including a telephone entry system, that allows access to a controlled area of a business, but that is not monitored by security personnel or services and does not send a signal to which law enforcement or emergency services respond.

The term does not include:

(A) a mechanical device, such as a deadbolt or lock; or

(B) an operator for opening or closing a commercial gate or door or an accessory, such as a fixed or portable transmitter, card-reader, or keypad, if the operator or accessory is used only to activate the gate or door and is not connected to an alarm system.

(6-b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(3), eff. September 1, 2019.

(7) "Extra job coordinator" means a peace officer who:

(A) is employed full-time by the state or a political subdivision of the state;

and

(B) schedules other peace officers to provide guard, patrolman, or watchman services in a private capacity who are:

(i) employed full-time by the state or a political subdivision of the state;

and

(ii) not employed by the extra job coordinator.

(8) "Firearm" has the meaning assigned by Section 46.01, Penal Code.

(8-a) "Individual license" means a license issued by the department that entitles an individual to perform a service regulated by this chapter for a company license holder, including a personal protection officer license.

(9) "Insurance agent" means:

(A) a person licensed under Subchapter B, C, D, or E, Chapter 4051, or

Chapter 981, Insurance Code;

(B) a salaried, state, or special agent; or

(C) a person authorized to represent an insurance fund or pool created by a local government under Chapter 791, Government Code.

(10) "Investigations company" means a person who performs the activities described by Section 1702.104.

(11) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(4), eff. September 1, 2019.

(12) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(5), eff. September 1, 2019.

(13) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(6), eff. September 1, 2019.

(14) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(7), eff. September 1, 2019.

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(15) "Peace officer" means a person who is a peace officer under Article 2.12, Code of Criminal Procedure.

(16) "Person" includes an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. Section 311.005(2), Government Code, does not apply to this subdivision.

(16-a) "Personal protection officer" means a person who performs the activities described by Section 1702.202.

(17) "Personal protection officer license" means a license issued by the department that entitles an individual to act as a personal protection officer.

(18) "Private investigator" means an individual who performs one or more services described by Section 1702.104.

(19) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(8), eff. September 1, 2019.

(20) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec.

5.114(b)(9), eff. September 1, 2019.

(20-a) "Security officer" means a person who performs the activities described by Section 1702.222.

(21) "Security officer commission" means an authorization issued by the department that entitles a security officer to carry a firearm.

(22) "Security services contractor" means a person who performs the activities described by Section 1702.102.

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.

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.

Sec. 1702.006. FOREIGN ENTITY REGISTRATION.

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Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code.

SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE

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.

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.

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 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BO&Value=9 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=BO&Value=9 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2110 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2110

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.

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.

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.

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.

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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.

Sec. 1702.029. MEETINGS.

The committee shall meet at least quarterly.

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.

Sec. 1702.032. COMMISSION LIAISON.

The commission shall designate a commission member to serve as a liaison to the committee.

SUBCHAPTER C. CHIEF ADMINISTRATOR AND PERSONNEL

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.

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.

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.

SUBCHAPTER D. 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.

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.

Sec. 1702.063. USE OF FINES.

The fines collected under this chapter may not be used to administer this chapter.

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.

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.

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.

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.

Sec. 1702.068. APPEAL BOND NOT REQUIRED.

The department is not required to give an appeal bond in any cause arising under this chapter.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION

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.

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.

SUBCHAPTER F. LICENSING AND DUTIES OF INVESTIGATIONS COMPANIES

AND SECURITY SERVICES CONTRACTORS

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.

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.

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.

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;

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(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.

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.

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.

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.

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.

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.

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.

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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.

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 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=OC&Value=1702.323 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=OC&Value=1702.323 funds and the applicant has received notice and an opportunity to provide payment in full.

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.

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.