By: Clardy H.B. No. 2886
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a company representative for
purposes of compliance with the Private Security Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.002, Occupations Code, is amended
by adding subsection (5-d) to read as follows:
Sec. 1702.002. DEFINITIONS. In this chapter:
(5-d) "Company representative" means the individual
to whom the department may direct all correspondence and on whom the
department may rely to ensure the company's compliance with all
requirements of this chapter.
SECTION 2. Chapter 1702, Occupations Code, is amended by
adding section 1702.1131 to read as follows:
Sec. 1702.1131. COMPANY REPRESENTATIVE LICENSE. (a) An
individual must apply for and obtain from the department a company
representative license as provided under this section in order to
serve as a company representative.
(b) An applicant for a company representative license must
successfully complete the examination as provided in Section
1702.117.
(c) An applicant for a company representative license is not
required to meet the applicable experience requirements for company
licensure provided by this chapter.
(d) An application for a company representative license
under this chapter 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 is an
individual who is applying for or has applied for a company license,
or is an individual applying to be the company representative for an
entity other than an individual who is applying for or has applied
for a company license.
(e) An applicant for a company license who is an individual
and who obtains a company representative license under this section
will be the company representative for all purposes relating to the
administration of this chapter.
(f) An applicant for a company license that is an entity
other than an individual must designate an individual who is
licensed under this section to be the company representative.
Formal documentation reflecting the individual's status with the
applicant and confirming that the individual has applied for a
company representative license must be submitted to the department
in conjunction with the company license application.
(f-1) The individual designated by the applicant for a
company license to be the company representative under subsection
(f) is not required to be an officer who is to oversee the
security-related aspects of the business, or to be a partner or
shareholder who owns any specific percentage interest in the
applicant.
SECTION 3. Section 1702.221(b), Occupations Code, is
amended to read as follows:
Sec. 1702.221. INDIVIDUAL LICENSE REQUIRED.
(b) An individual must obtain the appropriate individual
license in accordance with the requirements of this chapter and
related administrative rules if the individual:
(1) is employed as:
(A) an alarm instructor;
(B) an alarm systems installer;
(C) an alarm systems monitor;
(D) an electronic access control device
installer;
(E) a level 3 classroom or firearm instructor;
(F) a locksmith;
(G) a noncommissioned security officer;
(H) a level 4 personal protection instructor;
(I) a company representative;
(J) a private investigator; or
([J]K) an individual whose duties include
performing another activity for which an individual license is
required under Subsection (e); or
(2) is an owner who owns at least a 51 percent interest
in a company license holder.
SECTION 4. This Act takes effect September 1, 2021.