Skip Tracing - Texas

License Required to Skip Trace: YES

Regulatory Agency: Texas Department of Public Safety, Regulatory Service Division, Private Security Board.

Agency Website: https://www.dps.texas.gov/section/private-security/licensing-and-registration

Applicable Sections:

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1702.001. SHORT TITLE. This chapter may be cited as the Private Security Act.

Sec. 1702.002. DEFINITIONS. In this chapter:

(5-b) "Company license" means a license issued by the department that entitles a person to operate as a security services contractor or investigations company.

(8-a) "Individual license" means a license issued by the department that entitles an individual to perform a service regulated by this chapter for a company license holder, including a personal protection officer license.

(10) "Investigations company" means a person who performs the activities described by Section 1702.104.

(16) "Person" includes an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity. Section 311.005(2), Government Code, does not apply to this subdivision.

(18) "Private investigator" means an individual who performs one or more services described by Section 1702.104.

SUBCHAPTER F. LICENSING AND DUTIES OF INVESTIGATIONS COMPANIES AND SECURITY SERVICES CONTRACTORS

Sec. 1702.101. INVESTIGATIONS COMPANY LICENSE REQUIRED. Unless the person holds a license as an investigations company, a person may not:

(1) act as an investigations company;

(2) offer to perform the services of an investigations company; or

(3) engage in business activity for which a license is required under this chapter.

Sec. 1702.104. INVESTIGATIONS COMPANY.

(a) A person acts as an investigations company for the purposes of this chapter if the person:

(1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:

(A) crime or wrongs done or threatened against a person, state, or the United States;

(B) the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;

(C) the location, disposition, or recovery of lost or stolen property; or

(D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;

(2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;

(3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity;

SUBCHAPTER J. LICENSING AND DUTIES OF INDIVIDUALS

Sec. 1702.221. INDIVIDUAL LICENSE REQUIRED.

(a) To perform any activity regulated by this chapter, the individual must:

(1) obtain the proper individual license under Subsection (b); and

(2) be employed by a company license holder.

(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:

(I) a private investigator; or

(J) an individual whose duties include performing another activity for which an individual license is required under Subsection (e);

SUBCHAPTER P. PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 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 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.

Sec. 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.

Sec. 1702.386. UNAUTHORIZED EMPLOYMENT; OFFENSE.

(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.

Sec. 1702.3876. IMPERSONATING PRIVATE INVESTIGATOR; OFFENSE.

(a) A person commits an offense if the person:

(1) impersonates a private investigator 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 private investigator; or

(2) knowingly purports to exercise any function that requires licensure as a private investigator.

(b) an offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted of an offense under this section.

Sec. 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, certificate of insurance, or commission that the person is required to hold under this chapter.