PRIVATE SECURITY STATUTES & RULES - TxDPS

1 TEXAS PRIVATE SECURITY STATUTES & RULES 2019 2020 Issued by Texas Department of Public Safety Austin, Texas March 27, 2020 Page 2 of 118 TABLE OF CONTENTSCHAPTER 1702 OCCUPATIONS CODE .. 11 SUBCHAPTER A. GENERAL PROVISIONS .. 11 Sec. SHORT TITLE.. 11 Sec. DEFINITIONS.. 11 Sec. GENERAL SCOPE OF REGULATION.. 14 Sec. DEPARTMENT OF PUBLIC SAFETY; REFERENCES.. 14 Sec. FOREIGN ENTITY REGISTRATION.. 14 SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY 14 Sec. COMMITTEE MEMBERSHIP; APPLICABILITY OF OTHER 14 Sec. ELIGIBILITY OF PUBLIC MEMBERS.. 15 Sec. MEMBERSHIP AND EMPLOYEE RESTRICTIONS.. 15 Sec. TERMS; VACANCIES.. 16 Sec. OFFICERS.. 16 Sec. GROUNDS FOR 16 Sec. REIMBURSEMENT.. 17 Sec. MEETINGS.. 17 Sec. DUTIES OF ADVISORY COMMITTEE.. 17 Sec. COMMISSION LIAISON.. 17 SUBCHAPTER C. CHIEF ADMINISTRATOR AND PERSONNEL .. 17 Sec. CHIEF ADMINISTRATOR.

2 17 Sec. PERSONNEL; CONFLICT OF INTEREST.. 18 Sec. QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.. 18 SUBCHAPTER D. POWERS AND 18 Sec. GENERAL POWERS AND DUTIES.. 18 Sec. FEES.. 18 Sec. USE OF FINES.. 19 Sec. RESTRICTIONS ON CERTAIN RULES .. 19 Sec. RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.. 19 Sec. PAYMENT OF FEES AND FINES.. 19 Sec. RECORDS; EVIDENCE.. 20 Sec. APPEAL BOND NOT REQUIRED.. 20 SUBCHAPTER E. PUBLIC INTEREST INFORMATION .. 20 Sec. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS.. 20 Sec. CONFIDENTIALITY OF RECORDS.. 21 SUBCHAPTER F. LICENSING AND DUTIES OF INVESTIGATIONS COMPANIES AND SECURITY SERVICES CONTRACTORS .. 21 Sec. INVESTIGATIONS COMPANY LICENSE REQUIRED.. 21 Page 3 of 118 Sec. SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE.. 21 Sec. ELECTRONIC ACCESS CONTROL DEVICE COMPANY LICENSE REQUIRED; SCOPE OF 21 Sec.

3 CLASSIFICATION AND LIMITATION OF COMPANY 22 Sec. INVESTIGATIONS Sec. ALARM SYSTEMS COMPANY.. 23 Sec. ELECTRONIC ACCESS CONTROL DEVICE COMPANY.. 23 Sec. LOCKSMITH COMPANY.. 23 Sec. ARMORED CAR COMPANY.. 24 Sec. COURIER COMPANY.. 24 Sec. GUARD COMPANY.. 24 Sec. APPLICATION FOR COMPANY LICENSE.. 24 Sec. FORM OF COMPANY LICENSE.. 25 Sec. GENERAL QUALIFICATIONS FOR COMPANY LICENSE OR SECURITY OFFICER COMMISSION.. 25 Sec. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS COMPANY LICENSE.. 26 Sec. ADDITIONAL QUALIFICATIONS FOR SECURITY SERVICES CONTRACTOR LICENSE.. 26 Sec. EXAMINATION.. 27 Sec. EXAMINATION RESULTS.. 27 Sec. RECIPROCAL COMPANY LICENSE FOR CERTAIN APPLICANTS.. 27 Sec. PROVISIONAL COMPANY LICENSE.. 28 Sec. TEMPORARY CONTINUATION OF COMPANY LICENSE HOLDER'S BUSINESS.. 29 Sec. INSURANCE; BOND.. 29 Sec. INSURANCE REQUIREMENT. 29 Sec. BOND REQUIREMENT.

4 30 Sec. COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.. 30 Sec. POSTING OF COMPANY LICENSE REQUIRED.. 31 Sec. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.. 31 Sec. USE OF CERTAIN TITLES, UNIFORMS, INSIGNIA, OR IDENTIFICATIONS PROHIBITED.. 31 Sec. ADVERTISING.. 32 Sec. REPORTS TO EMPLOYER OR CLIENT.. 32 Sec. CONFIDENTIALITY; INFORMATION RELATING TO CRIMINAL OFFENSE.. 32 Sec. COMPANY LICENSE HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS.. 32 SUBCHAPTER G. SECURITY OFFICER COMMISSION REQUIREMENTS .. 33 Sec. SECURITY OFFICER COMMISSION REQUIRED.. 33 Page 4 of 118 Sec. EMPLOYER'S APPLICATION FOR SECURITY OFFICER COMMISSION.. 33 Sec. QUALIFICATIONS FOR SECURITY OFFICER COMMISSION.. 33 Sec. ISSUANCE OF SECURITY OFFICER COMMISSION; POCKET CARD.. 35 Sec. TERMINATION OF EMPLOYMENT AS COMMISSIONED SECURITY OFFICER; TRANSFER OF COMMISSION.. 36 Sec. TRAINING PROGRAMS.. 36 Sec.

5 FIREARM REQUIREMENTS.. 37 Sec. HANDGUN PROFICIENCY EXAMINATION.. 37 Sec. FIREARM RESTRICTIONS.. 37 Sec. NONAPPLICABILITY OF FIREARM RESTRICTIONS.. 38 Sec. SECURITY OFFICER COMMISSION RECORDS.. 38 SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY CERTAIN PERSONS; REQUIREMENTS .. 38 Sec. NOTICE AND REGISTRATION REQUIRED; REGISTRY.. 38 Sec. SECURITY DEPARTMENT OF PRIVATE BUSINESS.. 38 Sec. LOCAL REGULATION OF CERTAIN SECURITY SERVICES FOR PRIVATE BUSINESSES.. 39 SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE REQUIREMENTS .. 39 Sec. PERSONAL PROTECTION OFFICER LICENSE REQUIRED.. 39 Sec. PERSONAL PROTECTION OFFICER.. 39 Sec. APPLICATION FOR PERSONAL PROTECTION OFFICER LICENSE.. 39 Sec. PERSONAL PROTECTION OFFICER LICENSE; QUALIFICATIONS.. 39 Sec. PERSONAL PROTECTION OFFICER 40 Sec. LIMITED AUTHORITY TO CARRY FIREARMS.. 40 SUBCHAPTER J. LICENSING AND DUTIES OF INDIVIDUALS.

6 40 Sec. INDIVIDUAL LICENSE REQUIRED.. 40 Sec. SECURITY OFFICER.. 41 Sec. ELECTRONIC ACCESS CONTROL DEVICE INSTALLER.. 41 Sec. LOCKSMITH.. 42 Sec. ALARM SYSTEMS INSTALLER.. 42 Sec. ALARM SYSTEMS MONITOR. 42 Sec. QUALIFICATIONS FOR INDIVIDUAL LICENSE.. 42 Sec. APPLICATION FOR INDIVIDUAL LICENSE.. 42 Sec. PROVISIONAL INDIVIDUAL LICENSE.. 44 Sec. POCKET CARDS.. 44 Sec. DURATION OF POCKET CARDS.. 45 Page 5 of 118 Sec. TRANSFER OF INDIVIDUAL LICENSE.. 45 Sec. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED SECURITY OFFICERS.. 45 Sec. EXAMINATION AND TRAINING REQUIREMENTS FOR ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS.. 45 Sec. TRAINING REQUIREMENTS FOR ALARM SYSTEMS INSTALLER; EXAMINATION.. 46 Sec. EXEMPTIONS FOR UNDERCOVER AGENT.. 46 Sec. JURISPRUDENCE EXAMINATION.. 46 SUBCHAPTER L. GENERAL PROVISIONS APPLICABLE TO REGULATED PERSONS .. 47 Sec. CRIMINAL HISTORY CHECK.

7 47 Sec. CRUELTY TO ANIMALS.. 48 Sec. ALARM SYSTEMS RECORDS CONFIDENTIAL.. 48 Sec. FALSE REPRESENTATION.. 48 Sec. DUTIES OF ALARM SYSTEMS COMPANY.. 48 Sec. CUSTOMER AUTHORIZATION REQUIRED FOR CERTAIN LOCKSMITH SERVICES.. 49 Sec. DETECTION DEVICE CONTROL PANELS; MINIMUM STANDARDS.. 49 Sec. NOTICE OF CERTAIN INFORMATION TO RECIPIENT OF ALARM SYSTEM SERVICES.. 49 Sec. INSPECTIONS.. 50 SUBCHAPTER M. EXPIRATION; RENEWAL .. 51 Sec. EXPIRATION.. 51 Sec. LICENSE RENEWAL.. 51 Sec. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.. 52 Sec. EFFECT OF LICENSE RENEWAL ON DISCIPLINARY ACTION.. 52 Sec. EFFECT OF SUSPENSION ON LICENSE RENEWAL REQUIREMENTS.. 52 Sec. CONTINUING EDUCATION.. 52 Sec. SECURITY OFFICER COMMISSION RENEWAL.. 53 SUBCHAPTER N. EXCEPTIONS .. 53 Sec. GOVERNMENT EMPLOYEES. 53 Sec. LAW ENFORCEMENT 53 Sec. SECURITY DEPARTMENT OF PRIVATE BUSINESS.

8 54 Sec. CERTAIN OCCUPATIONS.. 55 Sec. COMMON 57 Sec. MEDICAL ALERT SERVICES.. 57 Sec. NONPROFIT AND CIVIC ORGANIZATIONS.. 57 Sec. SECURITY SYSTEMS SALES AND INSTALLATION.. 58 Sec. FIRE ALARM AND DETECTION SALES AND INSTALLATION.. 58 Sec. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF HIGHER EDUCATION.. 59 Page 6 of 118 Sec. PERSONAL EMERGENCY RESPONSE SYSTEMS.. 59 Sec. TELEMATICS SERVICE PROVIDERS.. 59 Sec. PLACE OF RELIGIOUS WORSHIP; CERTAIN VOLUNTEERS.. 60 SUBCHAPTER O. PROHIBITED PRACTICES AND GROUNDS FOR DENIAL AND DISCIPLINARY ACTION .. 61 Sec. DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.. 61 Sec. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.. 62 Sec. SUMMARY ACTIONS.. 62 Sec. ABDUCTION OF CHILD.. 63 Sec. COMPLAINT INVESTIGATION; SUBPOENA; WITNESS.. 63 Sec. NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES.. 64 Sec. NO REINSTATEMENT AFTER REVOCATION.

9 64 Sec. EFFECT OF SUSPENSION; MONITORING OF EXISTING ALARM CONTRACTS.. 65 Sec. PROHIBITION AGAINST CERTAIN POLITICAL SUBDIVISIONS ACTING AS ALARM SYSTEMS COMPANY.. 65 Sec. RECUSAL OF COMMISSION MEMBER.. 65 SUBCHAPTER P. PENALTIES AND ENFORCEMENT PROVISIONS .. 65 Sec. CIVIL 65 Sec. INJUNCTION.. 66 Sec. ACTION FOR CIVIL PENALTY OR INJUNCTION.. 66 Sec. DECEPTIVE TRADE PRACTICE.. 66 Sec. FALSIFICATION OF CERTAIN DOCUMENTS; OFFENSE.. 66 Sec. INSUFFICIENT INSURANCE COVERAGE; OFFENSE.. 67 Sec. UNAUTHORIZED EMPLOYMENT; OFFENSE.. 67 Sec. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE.. 67 Sec. EXECUTION OF CAPIAS OR ARREST WARRANT; OFFENSE.. 67 Sec. FAILURE TO SURRENDER CERTAIN DOCUMENTS; OFFENSE.. 68 Sec. IMPERSONATING SECURITY OFFICER; 68 Sec. VIOLATION OF CHAPTER; OFFENSE.. 68 Sec. VENUE.. 69 GOVERNMENT CODE .. 69 SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY PROGRAM.

10 69 Sec. DEFINITION.. 69 Sec. APPLICABILITY.. 69 Page 7 of 118 Sec. FINAL ENFORCEMENT AUTHORITY.. 69 Sec. COMPLAINTS.. 70 Sec. INVESTIGATIONS.. 70 Sec. INFORMAL COMPLAINT RESOLUTION AND INFORMAL PROCEEDINGS.. 70 Sec. LICENSE DENIAL; ADMINISTRATIVE SANCTION.. 71 Sec. RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE PROCEDURE.. 71 Sec. CEASE AND DESIST ORDER.. 71 Sec. INJUNCTIVE RELIEF.. 72 Sec. STAGGERED RENEWAL; PRORATION OF LICENSE FEE.. 72 Sec. ANNUAL REGULATORY REPORT.. 72 SUBCHAPTER R. ADMINISTRATIVE PENALTY . 73 Sec. DEFINITION .. 73 Sec. APPLICABILITY.. 73 Sec. IMPOSITION OF PENALTY.. 73 Sec. AMOUNT OF PENALTY.. 73 Sec. IMPOSITION OF SANCTION.. 74 Sec. NOTICE OF VIOLATION AND PENALTY.. 74 Sec. PENALTY TO BE PAID OR HEARING REQUESTED.. 74 Sec. HEARING ON RECOMMENDATIONS.. 74 Sec. DECISION BY COMMISSION.. 75 Sec. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.