Tex. Occ. Code § 1702.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 1702.002 - [Effective Until 1/1/2025] 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(1-b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(1), eff.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(3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.114(b)(2), eff.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 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.

Tex. Occ. Code § 1702.002

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 595,Sec. 5.114, eff. 9/1/2019.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 595,Sec. 5.001, eff. 9/1/2019.

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1084,Sec. 1, eff. 6/14/2013, applicable only to an application for an original or renewal license, registration, or endorsement submitted to the Texas Private Security Board on or after January 1, 2014.

Amended By Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.01, eff. 9/1/2009.

Amended By Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(1), eff. 9/1/2009.

Amended By Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4B.01, eff. 9/1/2009.

Amended By Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 17.001 (58-a), eff. 9/1/2007.

Amended By Acts 2005, 79th Leg., Ch. 728, Sec. 11.151, eff. 9/1/2005.

Amended By Acts 2005, 79th Leg., Ch. 1155, Sec. 1, eff. 6/18/2005.

Amended By Acts 2003, 78th Leg., 3rd C.S., ch. 10, Sec. 2.01, eff. 10/20/2003.

Amended By Acts 2003, 78th Leg., ch. 936, Sec. 1, eff. 9/1/2003

Amended By Acts 2003, 78th Leg., ch. 1276, Sec. 10A.545, eff. 9/1/2003

Amended By Acts 2003, 78th Leg., ch. 898, Sec. 1, eff. 6/20/2003

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.552, eff. 9/1/2001

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.

This section is set out more than once due to postponed, multiple, or conflicting amendments.