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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of a company representative for |
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purposes of compliance with the Private Security Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1702.002, Occupations Code, is amended |
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by adding subsection (5-d) to read as follows: |
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Sec. 1702.002. DEFINITIONS. In this chapter: |
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(5-d) "Company representative" means the individual |
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to whom the department may direct all correspondence and on whom the |
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department may rely to ensure the company's compliance with all |
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requirements of this chapter. |
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SECTION 2. Chapter 1702, Occupations Code, is amended by |
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adding section 1702.1131 to read as follows: |
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Sec. 1702.1131. COMPANY REPRESENTATIVE LICENSE. (a) An |
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individual must apply for and obtain from the department a company |
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representative license as provided under this section in order to |
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serve as a company representative. |
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(b) An applicant for a company representative license must |
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successfully complete the examination as provided in Section |
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1702.117. |
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(c) An applicant for a company representative license is not |
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required to meet the applicable experience requirements for company |
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licensure provided by this chapter. |
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(d) An application for a company representative license |
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under this chapter must be in the form prescribed by the department |
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and include: |
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(1) the full name and business address of the |
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applicant; and |
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(2) a statement as to whether the applicant is an |
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individual who is applying for or has applied for a company license, |
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or is an individual applying to be the company representative for an |
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entity other than an individual who is applying for or has applied |
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for a company license. |
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(e) An applicant for a company license who is an individual |
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and who obtains a company representative license under this section |
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will be the company representative for all purposes relating to the |
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administration of this chapter. |
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(f) An applicant for a company license that is an entity |
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other than an individual must designate an individual who is |
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licensed under this section to be the company representative. |
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Formal documentation reflecting the individual's status with the |
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applicant and confirming that the individual has applied for a |
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company representative license must be submitted to the department |
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in conjunction with the company license application. |
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(f-1) The individual designated by the applicant for a |
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company license to be the company representative under subsection |
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(f) is not required to be an officer who is to oversee the |
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security-related aspects of the business, or to be a partner or |
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shareholder who owns any specific percentage interest in the |
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applicant. |
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SECTION 3. Section 1702.221(b), Occupations Code, is |
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amended to read as follows: |
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Sec. 1702.221. INDIVIDUAL LICENSE REQUIRED. |
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(b) An individual must obtain the appropriate individual |
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license in accordance with the requirements of this chapter and |
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related administrative rules if the individual: |
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(1) is employed as: |
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(A) an alarm instructor; |
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(B) an alarm systems installer; |
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(C) an alarm systems monitor; |
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(D) an electronic access control device |
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installer; |
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(E) a level 3 classroom or firearm instructor; |
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(F) a locksmith; |
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(G) a noncommissioned security officer; |
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(H) a level 4 personal protection instructor; |
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(I) a company representative; |
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(J) a private investigator; or |
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([J]K) an individual whose duties include |
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performing another activity for which an individual license is |
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required under Subsection (e); or |
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(2) is an owner who owns at least a 51 percent interest |
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in a company license holder. |
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SECTION 4. This Act takes effect September 1, 2021. |