| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to company representatives for private security |
|
|
companies; requiring an occupational license. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1702.002, Occupations Code, is amended |
|
|
by amending Subdivision (5-c) and adding Subdivision (5-d) to read |
|
|
as follows: |
|
|
(5-c) "Company representative" means an individual |
|
|
who is responsible for a company license holder's compliance with |
|
|
this chapter. |
|
|
(5-d) "Department" means the Department of Public |
|
|
Safety of the State of Texas. |
|
|
SECTION 2. Subchapter F, Chapter 1702, Occupations Code, is |
|
|
amended by adding Sections 1702.1155 and 1702.126 to read as |
|
|
follows: |
|
|
Sec. 1702.1155. COMPANY REPRESENTATIVE LICENSE. (a) An |
|
|
individual may not act as a company representative for a company |
|
|
license holder unless the individual is licensed under this section |
|
|
as a company representative. |
|
|
(b) An application for a company representative license |
|
|
under this section must be in the form prescribed by the department |
|
|
and include: |
|
|
(1) the full name and business address of the |
|
|
applicant; and |
|
|
(2) a statement as to whether the applicant: |
|
|
(A) is additionally applying for or holds a |
|
|
company license; or |
|
|
(B) is applying for the company representative |
|
|
license to serve as the company representative for a company |
|
|
license holder that is not the applicant. |
|
|
(c) An applicant is eligible for a company representative |
|
|
license if the applicant has passed the licensing examination under |
|
|
Section 1702.117. The applicant is not required to meet any |
|
|
experience requirement for a company license under this subchapter. |
|
|
Sec. 1702.126. DESIGNATION OF COMPANY REPRESENTATIVE. (a) |
|
|
A company license holder shall: |
|
|
(1) if the company license holder is an individual who |
|
|
also holds a company representative license, designate that |
|
|
individual as the company representative; or |
|
|
(2) if the company license holder does not hold a |
|
|
company representative license, designate a company representative |
|
|
license holder as the company representative. |
|
|
(b) A company representative designated under Subsection |
|
|
(a)(2) is not required to be: |
|
|
(1) an officer who oversees the security-related |
|
|
aspects of the company license holder's business; |
|
|
(2) a partner or shareholder of the company license |
|
|
holder; or |
|
|
(3) an owner of a specified percentage of the company |
|
|
license holder's business. |
|
|
(c) A company representative designated under this section |
|
|
is the individual to whom the department may direct all |
|
|
correspondence regarding the company license holder. |
|
|
SECTION 3. (a) The Public Safety Commission shall adopt |
|
|
rules necessary to implement the changes in law made by this Act not |
|
|
later than December 1, 2023. A person is not required to obtain a |
|
|
license under Section 1702.1155, Occupations Code, as added by this |
|
|
Act, to act as a company representative before January 1, 2024. |
|
|
(b) Not later than January 1, 2024, a company license holder |
|
|
shall designate a company representative in accordance with Section |
|
|
1702.126, Occupations Code, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |