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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY |
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Chapter 1702. PRIVATE SECURITY |
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Subchapter N. EXCEPTIONS |
Sec. 1702.324. CERTAIN OCCUPATIONS
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(a) For the purposes of this section, "landman" means an individual who, in the course and scope of the individual's business:
(1) acquires or manages petroleum or mineral interests; or
(2) performs title or contract functions related to the exploration, exploitation, or disposition of petroleum or mineral interests.
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized distributor while selling equipment intended for resale;
(2) a person engaged exclusively in the business of obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest;
(4) a person who is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes;
(5) a person who:
(A) is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;
(B) is not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and
(C) does not perform any other act that requires a license under this chapter;
(6) a licensed engineer practicing engineering or directly supervising engineering practice under Chapter 1001, including forensic analysis, burglar alarm system engineering, and necessary data collection;
(7) an employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;
(11) an admitted insurer, insurance adjuster, agent, or insurance broker licensed by the state, performing duties in connection with insurance transacted by that person;
(12) a person who on the person's own property or on property owned or managed by the person's employer:
(A) installs, changes, or repairs a mechanical security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
(13) security personnel, including security contract personnel, working at a commercial nuclear power plant licensed by the United States Nuclear Regulatory Commission;
(14) a person or firm licensed as an accountant or accounting firm under Chapter 901, an owner of an accounting firm, or an employee of an accountant or accounting firm while performing services regulated under Chapter 901;
(15) a retailer, wholesaler, or other person who sells mechanical security devices, including locks and deadbolts, but who does not:
(A) service mechanical security devices for the public outside of the person's premises; or
(B) claim to act as a locksmith;
(16) an employee while performing investigative services that would otherwise be subject to this chapter for an entity regulated by the:
(A) Texas Department of Insurance;
(B) Office of Thrift Supervision;
(C) Securities and Exchange Commission;
(D) Federal Deposit Insurance Corporation; or
(E) Financial Industry Regulatory Authority; or
(17) a social worker who holds a license issued under Chapter 505 who is engaged in the practice of social work.
(c) The exemptions provided by Subsection (b) apply only to a person described in that subsection while the person is performing services directly related to and dependent on the provision of the exempted service that does not otherwise require licensing under this chapter. The exemptions do not apply to activities or services that are independent of the service or profession that is the basis for the exemption.