| 1 | 1 | | By: Clardy H.B. No. 2886 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the designation of a company representative for |
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| 7 | 7 | | purposes of compliance with the Private Security Act. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1702.002, Occupations Code, is amended |
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| 10 | 10 | | by adding subsection (5-d) to read as follows: |
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| 11 | 11 | | Sec. 1702.002. DEFINITIONS. In this chapter: |
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| 12 | 12 | | (5-d) "Company representative" means the individual |
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| 13 | 13 | | to whom the department may direct all correspondence and on whom the |
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| 14 | 14 | | department may rely to ensure the company's compliance with all |
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| 15 | 15 | | requirements of this chapter. |
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| 16 | 16 | | SECTION 2. Chapter 1702, Occupations Code, is amended by |
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| 17 | 17 | | adding section 1702.1131 to read as follows: |
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| 18 | 18 | | Sec. 1702.1131. COMPANY REPRESENTATIVE LICENSE. (a) An |
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| 19 | 19 | | individual must apply for and obtain from the department a company |
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| 20 | 20 | | representative license as provided under this section in order to |
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| 21 | 21 | | serve as a company representative. |
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| 22 | 22 | | (b) An applicant for a company representative license must |
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| 23 | 23 | | successfully complete the examination as provided in Section |
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| 24 | 24 | | 1702.117. |
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| 25 | 25 | | (c) An applicant for a company representative license is not |
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| 26 | 26 | | required to meet the applicable experience requirements for company |
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| 27 | 27 | | licensure provided by this chapter. |
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| 28 | 28 | | (d) An application for a company representative license |
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| 29 | 29 | | under this chapter must be in the form prescribed by the department |
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| 30 | 30 | | and include: |
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| 31 | 31 | | (1) the full name and business address of the |
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| 32 | 32 | | applicant; and |
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| 33 | 33 | | (2) a statement as to whether the applicant is an |
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| 34 | 34 | | individual who is applying for or has applied for a company license, |
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| 35 | 35 | | or is an individual applying to be the company representative for an |
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| 36 | 36 | | entity other than an individual who is applying for or has applied |
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| 37 | 37 | | for a company license. |
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| 38 | 38 | | (e) An applicant for a company license who is an individual |
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| 39 | 39 | | and who obtains a company representative license under this section |
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| 40 | 40 | | will be the company representative for all purposes relating to the |
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| 41 | 41 | | administration of this chapter. |
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| 42 | 42 | | (f) An applicant for a company license that is an entity |
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| 43 | 43 | | other than an individual must designate an individual who is |
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| 44 | 44 | | licensed under this section to be the company representative. |
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| 45 | 45 | | Formal documentation reflecting the individual's status with the |
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| 46 | 46 | | applicant and confirming that the individual has applied for a |
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| 47 | 47 | | company representative license must be submitted to the department |
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| 48 | 48 | | in conjunction with the company license application. |
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| 49 | 49 | | (f-1) The individual designated by the applicant for a |
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| 50 | 50 | | company license to be the company representative under subsection |
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| 51 | 51 | | (f) is not required to be an officer who is to oversee the |
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| 52 | 52 | | security-related aspects of the business, or to be a partner or |
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| 53 | 53 | | shareholder who owns any specific percentage interest in the |
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| 54 | 54 | | applicant. |
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| 55 | 55 | | SECTION 3. Section 1702.221(b), Occupations Code, is |
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| 56 | 56 | | amended to read as follows: |
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| 57 | 57 | | Sec. 1702.221. INDIVIDUAL LICENSE REQUIRED. |
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| 58 | 58 | | (b) An individual must obtain the appropriate individual |
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| 59 | 59 | | license in accordance with the requirements of this chapter and |
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| 60 | 60 | | related administrative rules if the individual: |
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| 61 | 61 | | (1) is employed as: |
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| 62 | 62 | | (A) an alarm instructor; |
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| 63 | 63 | | (B) an alarm systems installer; |
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| 64 | 64 | | (C) an alarm systems monitor; |
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| 65 | 65 | | (D) an electronic access control device |
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| 66 | 66 | | installer; |
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| 67 | 67 | | (E) a level 3 classroom or firearm instructor; |
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| 68 | 68 | | (F) a locksmith; |
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| 69 | 69 | | (G) a noncommissioned security officer; |
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| 70 | 70 | | (H) a level 4 personal protection instructor; |
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| 71 | 71 | | (I) a company representative; |
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| 72 | 72 | | (J) a private investigator; or |
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| 73 | 73 | | ([J]K) an individual whose duties include |
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| 74 | 74 | | performing another activity for which an individual license is |
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| 75 | 75 | | required under Subsection (e); or |
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| 76 | 76 | | (2) is an owner who owns at least a 51 percent interest |
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| 77 | 77 | | in a company license holder. |
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| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2021. |
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