Sec. 1702.001.  SHORT TITLE.  This chapter may be cited as the Private Security Act.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.551(b), eff. Sept. 1, 2001.




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(1-b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(1), eff.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(3)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(2), eff.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.

(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.

(15)  "Peace officer" means a person who is a peace officer under Article 2A.001, 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.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.552, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 898, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 936, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.545, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.01, eff. Oct. 20, 2003.

Amended by: 

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.151, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1155 (H.B. 3140), Sec. 1, eff. June 18, 2005.

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(58-a), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.01, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.102(1), eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.01, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 1084 (H.B. 3433), Sec. 1, eff. June 14, 2013.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.001, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(1), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(2), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(3), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(4), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(5), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(6), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(7), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(8), eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(9), eff. September 1, 2019.

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.151, eff. January 1, 2025.




Sec. 1702.004.  GENERAL SCOPE OF REGULATION.  (a)  The department:

(1)  licenses investigations companies and security services contractors;

(2)  issues commissions to certain security officers;

(3)  licenses certain security officers engaged in the personal protection of individuals;

(4)  licenses:

(A)  certain individuals connected with a company license holder; and

(B)  certain individuals employed in a field connected to private investigation or private security; and

(5)  regulates company license holders, security officers, and individual license holders under this chapter.

(b)  The commission shall adopt rules necessary to comply with Chapter 53.  In its rules under this section, the commission shall list the specific offenses for each category of regulated persons for which a conviction would constitute grounds for the department to take action under Section 53.021.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.554, eff. Sept. 1, 2001.

Amended by: 

Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833), Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.02, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.002, eff. September 1, 2019.




Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY; REFERENCES.  (a)   The department shall administer this chapter.

(b)  A reference in this chapter or another law to the Texas Commission on Private Security or the Texas Private Security Board means the department.


Added by Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.02, eff. Oct. 20, 2003.

Amended by: 

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.003, eff. September 1, 2019.




Sec. 1702.006.  FOREIGN ENTITY REGISTRATION.  Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.04, eff. September 1, 2009.




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.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.556, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1170, Sec. 34.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.03, eff. Oct. 20, 2003.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.04, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 657 (H.B. 1093), Sec. 1, eff. June 14, 2013.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.005, eff. September 1, 2019.




Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS.  The committee's public members must be representatives of the general public.  A person may not be a public member of the committee if the person or the person's spouse:

(1)  is registered, commissioned, certified, or licensed by a regulatory agency in the field of private investigations or private security;

(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;

(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or

(4)  uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for committee membership, attendance, or expenses.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.558, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.05, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.006, eff. September 1, 2019.




Sec. 1702.024.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.

(b)  A person may not be a committee member, and may not be a department employee whose primary duties include private security regulation and who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of private investigation or private security; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private investigation or private security.

(c)  A person may not be a committee member or act as general counsel to the committee or department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the committee.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.559, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.06, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.007, eff. September 1, 2019.




Sec. 1702.025.  TERMS; VACANCIES.  (a)  The committee members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year.

(b)  If a vacancy occurs during the term of a committee member, the commission shall appoint a new member to fill the unexpired term.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.560(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1170, Sec. 34.02, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.

Amended by: 

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.008, eff. September 1, 2019.




Sec. 1702.026.  OFFICERS.  (a)  The commission shall designate one committee member as presiding officer to serve in that capacity at the will of the commission.  The commission shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age, or national origin.

(b)  The committee shall elect from among its members an assistant presiding officer and a secretary to serve two-year terms beginning on September 1 of each odd-numbered year.

(c)  The presiding officer of the committee or, in the absence of the presiding officer, the assistant presiding officer shall preside at each committee meeting and perform the other duties prescribed by this chapter.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.561(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.04, eff. Oct. 20, 2003.

Amended by: 

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.009, eff. September 1, 2019.




Sec. 1702.027.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the committee that a member:

(1)  does not have the qualifications required by Section 1702.021 at the time of appointment;

(2)  does not maintain the qualifications required by Section 1702.021 during service on the committee;

(3)  is ineligible for membership under Section 1702.023 or 1702.024;

(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5)  is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee.

(b)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(10), eff. September 1, 2019.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.562, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.07, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.010, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(10), eff. September 1, 2019.




Sec. 1702.028.  REIMBURSEMENT.   A committee member may not receive compensation for service on the advisory committee but is entitled to reimbursement for actual and necessary expenses incurred in performing the functions as a member of the committee, subject to the General Appropriations Act.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.563, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.08, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.011, eff. September 1, 2019.




Sec. 1702.029.  MEETINGS.  The committee shall meet at least quarterly.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.564, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.09, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.012, eff. September 1, 2019.




Sec. 1702.031.  DUTIES OF ADVISORY COMMITTEE.  The committee shall provide advice and recommendations to the department and commission on technical matters relevant to the administration of this chapter and the regulation of private security industries.


Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.013, eff. September 1, 2019.




Sec. 1702.032.  COMMISSION LIAISON.  The commission shall designate a commission member to serve as a liaison to the committee.


Added by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.013, eff. September 1, 2019.




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.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.566, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.12, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.014, eff. September 1, 2019.




Sec. 1702.042.  PERSONNEL; CONFLICT OF INTEREST.  An employee of the department whose primary duties include private security regulation may not:

(1)  have a financial or business interest, contingent or otherwise, in a security services contractor or investigations company; or

(2)  be licensed under this chapter.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.567, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.13, eff. September 1, 2009.




Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The chief administrator or the chief administrator's designee shall provide to committee members and to department employees, as often as necessary, information regarding the requirements for service as a committee member or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.569, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.15, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.015, eff. September 1, 2019.




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.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.573(a), eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.17, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.017, eff. September 1, 2019.




Sec. 1702.062.  FEES.  (a)  The commission by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter.  The fees may not produce unnecessary fund balances.

(b)  The department may charge a fee each time the department requires a person regulated under this chapter to resubmit a set of fingerprints for processing by the department during the application process for a company license, individual license, or security officer commission.  The commission shall set the fee in an amount that is reasonable and necessary to cover the administrative expenses related to processing the fingerprints.

(c)  A person whose pocket card has not expired is not eligible to receive from the department another pocket card in the same classification in which the pocket card is held.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.574, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 593, Sec. 1, eff. Sept. 1, 2003.

Amended by: 

Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.19, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.018, eff. September 1, 2019.




Sec. 1702.063.  USE OF FINES.  The fines collected under this chapter may not be used to administer this chapter.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.575, eff. Sept. 1, 2001.

Amended by: 

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.019, eff. September 1, 2019.




Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES.  The commission may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be licensed as an electronic access control device installer.


Added by Acts 2003, 78th Leg., ch. 936, Sec. 2, eff. Sept. 1, 2003.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.21, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.020, eff. September 1, 2019.




Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The commission may not adopt rules restricting advertising or competitive bidding by a person regulated under this chapter except to prohibit false, misleading, or deceptive practices by the person.

(b)  The commission may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated under this chapter a rule that:

(1)  restricts the person's use of any medium for advertising;

(2)  restricts the person's personal appearance or use of the person's personal voice in an advertisement;

(3)  relates to the size or duration of an advertisement by the person; or

(4)  restricts the person's advertisement under a trade name.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.576, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.22, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.021, eff. September 1, 2019.




Sec. 1702.0645.  PAYMENT OF FEES AND FINES.  (a)  The commission may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter.

(b)  Rules adopted under this section may:

(1)  authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the department; and

(2)  require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine.


Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.577(a), eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.23, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.022, eff. September 1, 2019.




Sec. 1702.067.  RECORDS; EVIDENCE.  An official record of the department related to this chapter or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the department.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.580, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.25, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.023, eff. September 1, 2019.




Sec. 1702.068.  APPEAL BOND NOT REQUIRED.  The department is not required to give an appeal bond in any cause arising under this chapter.


Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.581, eff. Sept. 1, 2001.

Amended by: 

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.26, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.024, eff. September 1, 2019.