Texas Department of Public Safety - Private Security Bureau - http://www.txdps.state.tx.us/psb/agency/index.htm
and Statutes and Rules - http://www.txdps.state.tx.us/psb/statutuesandrules.htm
The following
are selected excerpts from the Texas Occupation Code Chapter, 1702 that pertain
to the sale, installation and service of DVR's, NVR's, CCTV's and IP Cameras
-
http://www.txdps.state.tx.us/psb/docs/Chap1702OccCodeClean.pdf
1702.002.
DEFINITIONS.
In this chapter:
(1) Alarm system means:
(A) electronic equipment and devices designed to detect or signal:
(i) an unauthorized entry or attempted entry of a person or object into a
residence, business, or area monitored by the system; or
(ii) the occurrence of a robbery or other emergency;
(B) electronic equipment and devices using a computer or data processor
designed to control the access of a person, vehicle, or object through a door,
gate, or entrance into the controlled area of a residence or business; or
(C) a television camera or still camera system that:
(i) records or archives images of property or individuals in a public or
private area of a residence or business; or
(ii) is monitored by security personnel or services.
(1-a) For
purposes of Subdivision (1), the term "alarm system" does not include
a telephone entry system, an operator for opening or closing a residential
or commercial gate or door, or an accessory used only to active a gate or
door, if the system, operator, or accessory is not connected to a computer or
data
processor that records or archives the voice, visual image, or identifying
information of the user.
(12) License means a permit issued by the board that entitles a person to
operate as a security services contractor or investigations company.
1702.102.
SECURITY SERVICES CONTRACTOR LICENSE REQUIRED; SCOPE OF LICENSE.
(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, guard dog company, locksmith company, or private
security consultant company;
(2) offer to perform the services of a company in Subdivision (1); 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.
1702.103.
CLASSIFICATION AND LIMITATION OF LICENSES.
(a) The license classifications are:
(1) Class A: investigations company license, covering operations of an
investigations company;
(2) Class B: security services contractor license, covering operations of a
security services contractor;
(3) Class C: covering the operations included within Class A and Class B;
1702.1045.
PRIVATE SECURITY CONSULTING COMPANY.
A person acts as a private security consulting company for purposes of this
chapter if the person:
(1) consults, advises, trains, or specifies or recommends products, services,
methods, or procedures in the security or loss prevention industry;
(2) provides a service described by Subdivision (1) on an independent basis and
without being affiliated with a particular service or product; and
(3) meets the experience requirements established by the board.
1702.105.
ALARM SYSTEMS COMPANY.
A person acts as an alarm systems company for the purposes of this chapter if
the person sells, installs, services, monitors, or responds to an alarm system
or detection device.
1702.131.
ADVERTISING.
An advertisement by a license holder soliciting or advertising business must
contain the license holder's company name and address as stated in board
records. These records can be publicly accessed at http://www.txdps.state.tx.us/psb/company/company_search.aspx
1702.223.
ALARM SYSTEMS INSTALLER.
(a) An individual acts as an alarm systems installer for purposes of this
chapter if the individual installs, maintains, or repairs an alarm system or
detection device.
(b) An alarm systems installer may install, maintain, or repair an electronic
access control device.
1702.288. NOTICE OF CERTAIN INFORMATION TO RECEIPENT OF ALARM SYSTEM SERVICES.
(a)
The board shall adopt rules in accordance with this section that
require a license holder acting as an alarm systems company under this
chapter to inform each of the license holder's clients that the client
is entitle to receive a written contract for alarm system services that
contains the client's fee arrangement and other relevant information
about services to be rendered.
(b) The rules shall require that a
written contract for alarm system services shall be furnished to a
client in accordance with Subsection (a) not later than the seventh day
after the date the client requests the written contract.
(c) the
rules shall require that the written contract for services shall be
dated and signed by the owner or manger of an alarm systems company or
a person expressly authorized by the owner or manager to sign written
contracts on behalf of the company.
(d) The rules shall require
that, not later than the seventh day after the date of entering into a
contract for services regulated by the board with another alarm systems
company or alarm systems monitor, an alarm system company shall:
(1)
notify the receipient of those services of the name, address, and
telephone number and individual to contact at the company that
purchased the contract;
(2) notify the recipient of services at the
time the contract is negotiated that another licensed company may
provide any of the services requested by subcontracting or outsourcing
those services; and
(3) if any of the services are subcontracted or
outsourced to a licensed third party, notify the recipient of services,
by mail, of the name, address, phone number, and license number of the
company providing those services.
(e) The rules shall require that notice provided to a recipient of services under Subsection (d) shall:
(1) be mailed to the recipient in a written form that emphasizes the required information; and
(2)
include stickers or other materials to be affixed to an alarm
system indicating the alarm systems company's or alarm systems
monitor's new telephone number.
1702.328.
SECURITY SYSTEMS SALES AND INSTALLATION.
This chapter does not apply to:
(1) a person who owns and installs a burglar detection or alarm device on
the persons own property or, if the person does not charge for the device or
the installation, installs the device for the protection of the persons
personal property located on another person's property and does not, as a normal
business practice, install the devices on the property of another;
(2) a person in the business of building construction that installs
electrical wiring and devices that may include in part the installation of a
burglar alarm or detection device if: that:
(A) the person is a party to a contract that provides
(i) the installation will be performed under the direct supervision of,
and inspected and certified by, a person licensed to install and certify the
alarm or detection device; and
(ii) the license holder assumes full responsibility for the installation
of the alarm or detection device; and
(B) the person does not service or maintain alarm systems, electronic
access control devices, locks, or detection devices;
(3) a person who sells or installs automobile burglar alarm devices and
who does not perform any other act that requires a license under this chapter;
or
(4) a person who sells exclusively by e-commerce, over the counter
transactions, or mail order, alarm systems, electronic access control devices,
locks, or detection devices.
1702.381.
CIVIL PENALTY.
(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, registration, endorsement, or security officer commission under this
chapter knowing that the person does not hold the required license, registration,
endorsement, 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.
1702.382.
INJUNCTION.
(A) An attorney for the department, the attorney general's office, or any
criminal prosecutor in this state may institute an action against a person to
enjoin a violation by the person of this chapter or an administrative rule.
(b) An injunction action instituted under this section does not require
an allegation or proof that an adequate remedy at law does not exist or that
substantial or irreparable damage would result from the continued violation to
sustain an action under this section. A bond is not required for an
injunction action instituted under this section.
1702.383.
ACTION FOR CIVIL PENALTY OR INJUNCTION.
If a person has violated a provision of this chapter for which a penalty is
imposed under Section 1702.381, an attorney for the department, the attorney
general's office, or any criminal prosecutor in this state may institute a
civil suit in a Travis County district court or in a district court in the
county in which the violation occurred for injunctive relief under Section
1702.382 or for assessment and recovery of the civil penalty
1702.3835.
DECEPTIVE TRADE PRACTICE.
(a) A person who performs or offers to perform an activity regulated under this
chapter, but who is not licensed or otherwise authorized under this chapter to
perform the activity, commits a false, misleading, or deceptive act or practice
within the meaning of Section 17.46, Business & Commerce Code.
(b) A public or private right or remedy under Chapter 17, Business &
Commerce Code, may be used to enforce this chapter.
1702.388.
VIOLATION OF CHAPTER; OFFENSE.
(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, registration,
endorsement, certificate, or commission that the person is required to hold
under this chapter.