(a) Individuals licensed by the department to perform a regulated service may only perform such services for companies licensed under the Act. A person may not contract directly with a client to perform a regulated service unless licensed by the department as a company under the Act.
(b) The employment relationship between a licensed company and its individually licensed or commissioned employees must be such that the licensee's commercial liability insurance policy provides the statutorily required coverage for claims arising from the regulated services provided on behalf of the licensee by its employees. The failure to maintain and provide current documentation of such coverage is a violation of the Act.
(a) Unless the person holds a license as a security services contractor, a person may not:
(1)act as an alarm systems company, armored car company, courier company, guard company, or locksmith company;
(2) offer to perform the services of a company in Subdivision (l); or
(3) engage in business activity for which a license is required under this chapter.
(b) A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect.
A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:
(1) prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;
(2) prevent, observe, or detect unauthorized activity on private property;
(3) control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;
(4) protect an individual from bodily harm including through the use of a personal protection officer; or
(5) perform a function similar to a function listed in this section.
(a) An individual may not accept employment as a security officer to carry a firearm in the course and scope of the individual's duties unless the individual holds a security officer commission.
(b) An individual employed as a security officer may not knowingly carry a firearm during the course of performing duties as a security officer unless the department has issued a security officer commission to the individual.
(c) A person may not hire or employ an individual as a security officer to carry a firearm in the course and scope of the individual's duties unless the individual holds a security officer commission.
An individual acts as a security officer for purposes of this chapter if the individual is:
(1) employed by a security services contractor or the security department of a private business; and
(2) employed to perform the duties of an alarm systems response runner who responds to the first signal of entry, a security guard, security watchman, security patrolman, armored car guard, or courier guard.
A person may not hire a noncommissioned security officer unless the person conducts a preemployment check as required by commission rule.
A person may not represent falsely that the person:
(1) is employed by a company license holder; or
(2) has a license or security officer commission under this chapter.
(a) A person commits an offense if the person:
(1) impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a security officer; or
(2) knowingly purports to exercise any function that requires licensure as a noncommissioned security officer or a security officer commission.
(b) An offense under this section is a Class A misdemeanor.
(a} Except as provided by Subsections (b} and (d}, this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.
(b} An individual described by Subsection (a} who carries a firearm in the course of employment must obtain a private security officer commission under this chapter. (c} The security department of a private business may not hire or employ an individual to perform a duty described by Section 1702.222 if the individual has been convicted of a crime that would otherwise preclude the individual from being licensed under this chapter. The private business shall maintain the individual's criminal history record on file at the business and shall make the record available for inspection by the department.
(c-1} Although the security department of a private business that hires or employs an individual as a private security officer to possess a firearm in the course and scope of the individual's duties is required to apply for a security officer commission for the individual under this chapter, the security department of a private business is not required to apply for any license under this chapter. (d} This chapter applies to an individual described by Subsection (a} who in the course of employment:
(1) comes into contact with the public;
(2) wears:
(A) a uniform commonly associated with security personnel or law enforcement;
(B) any type of badge commonly associated with security personnel or law enforcement; or
(C) a patch or apparel containing the word "security" or a substantially similar word that is intended to or is likely to create the impression that the individual is performing security services; and
(3) performs a duty described by Section 1702.108 or 1702.222
(a) A person who is not licensed under this chapter, who does not have a license application pending, and who violates this chapter may be assessed a civil penalty to be paid to the state not to exceed $10,000 for each violation.
(b) A person who contracts with or employs a person who is required to hold a license or security officer commission under this chapter knowing that the person does not hold the required license or commission or who otherwise, at the time of contract or employment, is in violation of this chapter may be assessed a civil penalty to be paid to the state in an amount not to exceed
$10,000 for each violation.
(c) A civil penalty under this section may be assessed against a person on proof that the person has received at least 30 days' notice of the requirements of this section.
(a) A person commits an offense if the person contracts with or employs a person who is required to hold a license or commission under this chapter knowing that the person does not hold the required license or commission or who otherwise, at the time of contract or employment, is in violation of this chapter.
(b) An offense under Subsection (a) is a Class A misdemeanor.
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, certificate of insurance, or commission that the person is required to hold under this chapter.
(a) If the relevant law establishing a program subject to this subchapter does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission in an amount not to exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the respondent's history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made by the respondent to correct the violation; and
(5) any other matter that justice may require.
(c) The commission shall establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.
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