| 1 | 1 | | 88R4558 JTZ-F |
|---|
| 2 | 2 | | By: Johnson S.B. No. 1417 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to company representatives for private security |
|---|
| 8 | 8 | | companies; requiring an occupational license. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1702.002, Occupations Code, is amended |
|---|
| 11 | 11 | | by amending Subdivision (5-c) and adding Subdivision (5-d) to read |
|---|
| 12 | 12 | | as follows: |
|---|
| 13 | 13 | | (5-c) "Company representative" means an individual |
|---|
| 14 | 14 | | who is responsible for a company license holder's compliance with |
|---|
| 15 | 15 | | this chapter. |
|---|
| 16 | 16 | | (5-d) "Department" means the Department of Public |
|---|
| 17 | 17 | | Safety of the State of Texas. |
|---|
| 18 | 18 | | SECTION 2. Subchapter F, Chapter 1702, Occupations Code, is |
|---|
| 19 | 19 | | amended by adding Sections 1702.1155 and 1702.126 to read as |
|---|
| 20 | 20 | | follows: |
|---|
| 21 | 21 | | Sec. 1702.1155. COMPANY REPRESENTATIVE LICENSE. (a) An |
|---|
| 22 | 22 | | individual may not act as a company representative for a company |
|---|
| 23 | 23 | | license holder unless the individual is licensed under this section |
|---|
| 24 | 24 | | as a company representative. |
|---|
| 25 | 25 | | (b) An application for a company representative license |
|---|
| 26 | 26 | | under this section must be in the form prescribed by the department |
|---|
| 27 | 27 | | and include: |
|---|
| 28 | 28 | | (1) the full name and business address of the |
|---|
| 29 | 29 | | applicant; and |
|---|
| 30 | 30 | | (2) a statement as to whether the applicant: |
|---|
| 31 | 31 | | (A) is additionally applying for or holds a |
|---|
| 32 | 32 | | company license; or |
|---|
| 33 | 33 | | (B) is applying for the company representative |
|---|
| 34 | 34 | | license to serve as the company representative for a company |
|---|
| 35 | 35 | | license holder that is not the applicant. |
|---|
| 36 | 36 | | (c) An applicant is eligible for a company representative |
|---|
| 37 | 37 | | license if the applicant has passed the licensing examination under |
|---|
| 38 | 38 | | Section 1702.117. The applicant is not required to meet any |
|---|
| 39 | 39 | | experience requirement for a company license under this subchapter. |
|---|
| 40 | 40 | | Sec. 1702.126. DESIGNATION OF COMPANY REPRESENTATIVE. (a) |
|---|
| 41 | 41 | | A company license holder shall: |
|---|
| 42 | 42 | | (1) if the company license holder is an individual who |
|---|
| 43 | 43 | | also holds a company representative license, designate that |
|---|
| 44 | 44 | | individual as the company representative; or |
|---|
| 45 | 45 | | (2) if the company license holder does not hold a |
|---|
| 46 | 46 | | company representative license, designate a company representative |
|---|
| 47 | 47 | | license holder as the company representative. |
|---|
| 48 | 48 | | (b) A company representative designated under Subsection |
|---|
| 49 | 49 | | (a)(2) is not required to be: |
|---|
| 50 | 50 | | (1) an officer who oversees the security-related |
|---|
| 51 | 51 | | aspects of the company license holder's business; |
|---|
| 52 | 52 | | (2) a partner or shareholder of the company license |
|---|
| 53 | 53 | | holder; or |
|---|
| 54 | 54 | | (3) an owner of a specified percentage of the company |
|---|
| 55 | 55 | | license holder's business. |
|---|
| 56 | 56 | | (c) A company representative designated under this section |
|---|
| 57 | 57 | | is the individual to whom the department may direct all |
|---|
| 58 | 58 | | correspondence regarding the company license holder. |
|---|
| 59 | 59 | | SECTION 3. (a) The Public Safety Commission shall adopt |
|---|
| 60 | 60 | | rules necessary to implement the changes in law made by this Act not |
|---|
| 61 | 61 | | later than December 1, 2023. A person is not required to obtain a |
|---|
| 62 | 62 | | license under Section 1702.1155, Occupations Code, as added by this |
|---|
| 63 | 63 | | Act, to act as a company representative before January 1, 2024. |
|---|
| 64 | 64 | | (b) Not later than January 1, 2024, a company license holder |
|---|
| 65 | 65 | | shall designate a company representative in accordance with Section |
|---|
| 66 | 66 | | 1702.126, Occupations Code, as added by this Act. |
|---|
| 67 | 67 | | SECTION 4. This Act takes effect September 1, 2023. |
|---|