Texas § OC.1702.323 - SECURITY DEPARTMENT OF PRIVATE BUSINESS

§ OC.1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS

SECURITY DEPARTMENT OF PRIVATE BUSINESS. (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 . Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.655, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 593, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 65 (H.B. 1393 ), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 663 (H.B. 1241 ), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 906 (H.B. 2833 ), Sec. 15, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969 ), Sec. 17.003, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 5.097, eff. September 1, 2019.