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Thread: PI LICENSING: Texas

  1. #41
    Lance:

    As I look at these posting on the Texas Private Investigator Licensing I think everyone needs to know the difference between "registering" and "Licensing".
    A company must be licensed with a manager who meets the experience requirements of 1702. A Private Investigator must be registered through a company with the appropriate License.

    Cheers

    JR

  2. #42
    To All who are wondering:

    In Texas TCPS Level I and Level II tests, which qualify an individual for a non-commissioned security officer (unarmed) position, are available on-line and can be taken at anytime - save the final page, with the scores and they can be presented to your prospective employer. Level III training is required for a Commissioned Security Officer (Armed) and must be provided by a State Certified School. Level I and Level II completion are NOT required to take Level III training.. Level IV is for designation as a Personal Protection officer (Body Guard) and the training must come from a State Certified School. An applicant for Level IV must have a Level III certification to maintain a Level IV. There is not specific training requirement for a Private investigator but you must be REGISTERED

  3. #43
    to continue ( I hit the wrong button Oooops !!!):

    ...you must be REGISTERED with the private Security Boarde through a LICENSED Company.

    Hope this helps - Wishing ALL a Happy and Prosperous New Year

    cheers

    JR

  4. #44
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    I have worked as a secret shopper for three different companies in the Dallas area and I have never been told I needed a license nor have I been asked if I have one

  5. #45
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    Quote Originally Posted by Lori Copaus
    What I am wanting to know is, how can we find a licensed PI who is willing to take the test, fingerprints, work as our managers, even though we own the company and let us tag along on investigations, etc, and pay them less than what we are making to get our experience.

    Any suggestions?

    Thank You
    Lori E. Copaus
    Union members have free help from IPIU toi arrange for a licensed PI to interview with you for your request when you are ready.

    Level 4 Member Only instructions are here:
    Forum for Obtaining Your Private Investigator License or Agency License

  6. #46
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    Quote Originally Posted by Sharon K Hurley
    Yes, I spoke to several Private Investigators in the Dallas/Bedford area and they all have said yes. It is true that you have to have a license in Texas to do mystery shopping assignments, so I have stopped doing them.
    As stated above, this is false. Please privately email us at legal@ipiu.org with the names and phone numbers of those who stated this to you. Also, include the statute that they are alleging their statement to be true.

    Cautionary Note: Some licensed private investigators fear competition from other newcomers. Some violate their ethics through scare tactics by telling newcomers they cannot perform such assignments without a PI License. This tactic is both absurd and outright misleading without the Texas statutes to support such a claim.



    Update:
    The Texas PI Licensing Board has deleted their "opinion" on mystery shopping as a result of Senate Bill 943 being passed. SB 943 allows for mystery shopping without a PI License.

    Here is the link:
    http://www.capitol.state.tx.us/cgi-b...LLSUFFIX=00943

    Here is the Text:
    http://www.capitol.state.tx.us/cgi-b...00943&SORT=Asc

    Here is the quote:

    S.B. 943 78(R) BILL ANALYSIS

    S.B. 943
    By: Williams
    Law Enforcement
    Committee Report (Unamended)

    BACKGROUND AND PURPOSE

    Currently, the Texas Commission on Private Security (TCOPS) licenses and regulates private investigation services and security services. The Private Security Act prohibits a person from engaging in the business activity of an investigation company unless the person holds a license issued by TCOPS. Mystery shopping is a business practice used to improve business operational and service quality through the use of anonymous resources. The broad interpretation of current statute requires that certain mystery shoppers be licensed under the Act. Senate Bill 943 exempts a person who engages in certain business evaluation services from the Private Security Act, and enumerates the prerequisites for exemption.

    RULEMAKING AUTHORITY

    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

    ANALYSIS

    Senate Bill 943 amends Subchapter N, Chapter 1702, Occupations Code, by adding Section 1702.331, which provides that this chapter does not apply to a person who poses or acts anonymously as a customer or client of a business or governmental entity or is in the business of providing the services of another for the purpose of evaluating the following operations or services of the business or government entity:

    _a service or product provided to a customer or client;

    _compliance with policies and operational procedures;

    _the appearance, cleanliness, efficiency, and other operations of the office, facility, or physical plant;

    _the friendliness, courtesy, or appearance of an employee;

    _the necessity or effectiveness of a training program or employee reward or other incentive program;

    _the quality, availability, or price of goods or services; and

    _other operations or customer services of the business or governmental entity the evaluation of which is not otherwise prohibited by this chapter.

    The person is entitled to the exemption only if the person uses an evaluation tool prescribed or approved by the employer, does not attempt to determine if an employee has committed a crime, and the information obtained is not intended to be used by the employer as the sole basis for the discipline or termination of an employee.

    EFFECTIVE DATE

    Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2003.
    Further, EVEN THOUGH THE BILL PASSED, when the Senate permitted witnesses to voice their support or opposition to the bill, the following people were noted:
    May 19, 2003 - 2:30P or upon final adjourn./recess

    FOR THE BILL:

    Furrie, Mary (Self)
    Green, Mike (Speedmark and Mystery Shopping Providers Association)
    Henry, Eugene W. "Reb" (Self and MSPA)
    hooser, Greg (Mystery Shopping Providers Association)

    AGAINST THE BILL:
    Burt, Bob (Self and Associated Security Services and Investigators of the State of Texas)
    Chisum, John (Self and Texas Assn. Licensed Investigators)
    Coffey, Michael (Self)
    Hulsey, Paul D. (Self and Texas Association of Licensed Investigators)
    Russell, David (Self)

  7. #47
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    Piracy Audits:

    Based on the full reading of the Texas Statutes, the board has no authority over a broadcast company, such as HBO, Showtime, etc, who assigns their attorney to employ auditors to monitor their broadcasts to insure federal copyright protection.

    Therefore, licensed broadcast companies and their licensed attorneys are free to employ anyone as an auditor, regardless of whether or not the auditor is an examiner, para-legal, private investigator, law enforcement officer, or any other legal adult that is qualified to perform the audit.
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  8. #48
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    I'am so glad I found this thread. I was wondering about license in Texas. I'll be moving soon to there. This thread answered a lot of my questions. Thanks to all.

  9. #49
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    I would like to get more information on job opennings for the Atlanta GA location? How do I go about getting started. I have already taken all the assestments for the following needed areas.

  10. #50
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    Do not be misled...

    Quote Originally Posted by B Ann Craig
    Chris, that is up to the agency who is offering employment. In Texas, and agency can simply add you to their employment and license you as a trainee under their agency license. Or, they may choose to hire you as a 1099 contractor depending on the task they are assigning you and whether or not it is based on a tax situation. Either way, if you can obtain an assignment we suggest you ask the agency what your status will be.
    Just a note about "1099" contractors.... In Texas, when you sign on with a manager to register with the PSB, you must be a legal employee of an investigations company in order for your registration to be valid, and to count toward your experience. You cannot "contract" or be a "1099 employee" for a PI company in Texas and it be legal. The PSB can refuse your application, or could nullify your experience if/when the time comes for you to apply with the PSB as a PI company.

    The Texas PSB told me that the experience requirement need only be "verifiable", not necessarily full-time (currently Texas requires either a CJ degree or three years verifiable experience working for a PI company). A person could theoretically work part-time as a registered investigator under a company license and achieve the necessary experience.

    Now, as for the EXCEPTIONS previously posted, use your own discretion when pursuing those avenues of employment and be sure your work does not fall outside those guidelines.

    Hope this helps!

    --
    Matthew Hinman

  11. #51

    Cool TEXAS - PI Employee or Contract Labor

    To All:

    What Matthew says "WAS" the board requirement for Private Investigator -

    NOW --- TCPS Rule 433.00 paragraph 433.01A. states:

    A registrant or commissioned security officer of a licensed company must meet the specifications defined by the Internal Revenue Service as an "employee" - or "contract laborer."

    Cheers

    JR

  12. #52
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    Quote Originally Posted by Joseph Rooney
    To All:

    What Matthew says "WAS" the board requirement for Private Investigator -

    NOW --- TCPS Rule 433.00 paragraph 433.01A. states:

    A registrant or commissioned security officer of a licensed company must meet the specifications defined by the Internal Revenue Service as an "employee" - or "contract laborer."

    Cheers

    JR

    Joseph,

    Thanks for the info! My only concern would be that a registered "contractor" could, theoretically, act on his own under his own company name, thereby violating the Occupations Code. I see the point, though. I am new to this field, and I was informed by the PSB that contract labor would be unacceptable. Perhaps I spoke with the wrong person at the PSB!

    Thanks for the clarification of the Board rules!

    --
    Matthew

  13. #53
    Matthew:

    Sorting out the PSB can be a "nightmare" at times and the rules may change again tomorrow !!

    JR

  14. #54
    As to your concern "... would be that a registered "contractor" could, theoretically, act on his own under his own company name, thereby violating the Occupations Code".

    ILLEGAL is ILLEGAL - and one could certainly do that - until they were caught !!!!

    Cheers

    JR

  15. #55

    SB 943 Texas Legislature Regarding "Mystery Shoppers"

    All references I can find indicate the referenced bill was NEVER enacted by the legislature. However, in October 2004, the following was published in the...

    TEXAS ADMINISTRATIVE CODE


    TITLE 37.............PUBLIC SAFETY AND CORRECTIONS
    PART 1...............TEXAS DEPARTMENT OF PUBLIC SAFETY
    CHAPTER 35........PRIVATE SECURITY
    SUBCHAPTER P....BUSINESS EVALUATION SERVICE
    RULE §35.241......Business Evaluation Service
    -----------------------------------------------------------

    (a) The board has determined that Chapter 1702 of the Act does not apply to a person who poses or acts anonymously as a customer or client of a business or governmental entity or is in the business of providing the services of another for the purpose of evaluating the following operations or services of the business or governmental entity:

    (1) a service or product provided to a customer or client;

    (2) compliance with policies and operational procedures;

    (3) the appearance, cleanliness, efficiency, and other operations of the office, facility, or physical plant;

    (4) the friendliness, courtesy, or appearance of an employee;

    (5) the necessity or effectiveness of a training program or employee reward or other incentive program;

    (6) the quality, availability, or price of goods or services; and

    (7) other operations or customer services of the business or governmental entity the evaluation of which is not otherwise prohibited by this chapter.

    (b) A person described by subsection (a) of this section is entitled to the exemption under the subsection only if the person:

    (1) uses an evaluation tool prescribed or approved by the business or governmental entity seeking the evaluation;

    (2) does not engage in the investigation or observation of an employee or agent to determine whether the employee or agent has committed a crime; and

    (3) the information obtained is not intended to be used by the business or governmental entity as the sole basis for the discipline or discharge of an employee or agent.


    -----------------------------------------------------------

    Source Note: The provisions of this §35.241 adopted to be effective October 21, 2004, 29 TexReg 9686

    http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=35&rl=241

    Cheers

    JR

  16. #56
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Quote Originally Posted by Legal Affairs
    Any licensed Texas agency can hire you, with no waiting period except for a background check, under their agency, which gives you a license to perform investigations under the agency license.

    If you have not done so, please post your introduction in the Introduction Forum so trainers can help direct you.
    Thanks for this info. Kalvin Kelly

  17. #57
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Texas Administrative Code

    Quote Originally Posted by Joseph Rooney
    All references I can find indicate the referenced bill was NEVER enacted by the legislature. However, in October 2004, the following was published in the...

    TEXAS ADMINISTRATIVE CODE


    TITLE 37.............PUBLIC SAFETY AND CORRECTIONS
    PART 1...............TEXAS DEPARTMENT OF PUBLIC SAFETY
    CHAPTER 35........PRIVATE SECURITY
    SUBCHAPTER P....BUSINESS EVALUATION SERVICE
    RULE §35.241......Business Evaluation Service
    -----------------------------------------------------------

    (a) The board has determined that Chapter 1702 of the Act does not apply to a person who poses or acts anonymously as a customer or client of a business or governmental entity or is in the business of providing the services of another for the purpose of evaluating the following operations or services of the business or governmental entity:

    (1) a service or product provided to a customer or client;

    (2) compliance with policies and operational procedures;

    (3) the appearance, cleanliness, efficiency, and other operations of the office, facility, or physical plant;

    (4) the friendliness, courtesy, or appearance of an employee;

    (5) the necessity or effectiveness of a training program or employee reward or other incentive program;

    (6) the quality, availability, or price of goods or services; and

    (7) other operations or customer services of the business or governmental entity the evaluation of which is not otherwise prohibited by this chapter.

    (b) A person described by subsection (a) of this section is entitled to the exemption under the subsection only if the person:

    (1) uses an evaluation tool prescribed or approved by the business or governmental entity seeking the evaluation;

    (2) does not engage in the investigation or observation of an employee or agent to determine whether the employee or agent has committed a crime; and

    (3) the information obtained is not intended to be used by the business or governmental entity as the sole basis for the discipline or discharge of an employee or agent.


    -----------------------------------------------------------

    Source Note: The provisions of this §35.241 adopted to be effective October 21, 2004, 29 TexReg 9686

    http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=35&rl=241

    Cheers

    JR
    Thanks for this information on the texas administrative code. Kalvin Kelly

  18. #58
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    Quote Originally Posted by Matthew Hinman
    Joseph,

    Thanks for the info! My only concern would be that a registered "contractor" could, theoretically, act on his own under his own company name, thereby violating the Occupations Code. I see the point, though. I am new to this field, and I was informed by the PSB that contract labor would be unacceptable. Perhaps I spoke with the wrong person at the PSB!

    Thanks for the clarification of the Board rules!

    --
    Matthew
    NEVER trust the clerk you speak to on the phone. In fact, 2-3 years ago the director posted his own "positional page" claiming that mystery shopping was unlawful and that he would arrest everyone in Texas. That chap is no longer in Texas! Always rely on the statutes!

  19. #59
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    Texas
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    I received my Private Investigator's License yesterday it was very easy to get it just took a while .

  20. #60
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    I am working with a Bailbonds company and I was told you can work for as many bailbonds companies as you want you have to give the one that carries your License a % of what you make. Bail enforcement is definately a different animal, but it is fun so for. I hope this helps you who are interested in getting into this field.

  21. #61
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Mike could you provide me some information on receiving my personal license. Thanks Kalvin Kelly

  22. #62
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    Quote Originally Posted by Kalvin Kelly
    Mike could you provide me some information on receiving my personal license. Thanks Kalvin Kelly
    Sure Kalvin what you want to know?

  23. #63
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Infor request

    Quote Originally Posted by Mike Johnson
    Sure Kalvin what you want to know?
    Mike could you give the name and phone number were you receive you pi license. Thanks Kalvin Kelly

  24. #64
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    Well first you have to find a licensed P.I. to let you work under his license. Then go to Texas Department of Public Safety look under license it will tell you what to do. If you don,t have any luck finding a licensed P.I. try your local bailbonds companies they are always looking for a goood P.I. and they will help you out. I hope this helps. Good Luck!

  25. #65
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Thanks

    hanks you so much Mike for your information. Kalvin Kelly

  26. #66
    Donna Reagan's Avatar
    Donna Reagan is offline Administrator
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    Quote Originally Posted by Mike Johnson
    I received my Private Investigator's License yesterday it was very easy to get it just took a while .
    Mike, please email legal.affairs@ipiu.org your new PI license number for a User Title Upgrade.

    Donna


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  27. #67
    Kalvin Kelly is offline Lifetime Professional Management Member

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    Great information on obtainingTexas license. Kalvin Kelly

  28. #68
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    Mike Johnson
    What happens if we do not want to get that lisence?
    are there any problems?

  29. #69
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    Hi Mike,
    Please tell me how a bailbond company can help me obtain the 3 years experience that is required to take the exam and obtain a license in TX. What will I tell the bonding co? I am a member of ipiu? All information and assistance is appreciated.

  30. #70
    Makan:

    Texas Law requires you be a registered PI

    JR

  31. #71
    LeBrent:

    To perform "bounty" work in Texas YOU MUST be a registerd PI

    JR

  32. #72
    Kalvin:

    Go to http://www.txdps.state.tx.us/psb/ all regulations and procedures are on the Texas Private Security Bureau Website

    JR

  33. #73
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    Thanks JR for the response and the other information that you share with all of us on the forum. I don't want to be a bounty hunter, but if it will help me to get the experience that I need to qualify to take the exam to become a license PI I will do it. I have one more step to complete with ipiu, so if you are looking keep me in mind

  34. #74
    LeBrent:

    Please rmember, even though you complete the IPIU training you still must obtain Texas Private Investigator License. You mustbe registered thorugh a Texas Agency and you must complete the Level I training (Free on-line)

    Good Luck

    JR

  35. #75
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    what website should i go to?

  36. #76
    Makan:

    Go to http://www.txdps.state.tx.us/psb/ all regulations and procedures for Private Security are on this website.

    Cheers

    JR

  37. #77
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    Does anyone know any examples of approved investigative experience. I have worked in law enforcement for 15 years and was told by the ladies on the phone that that may not qualify me for an agency license. Any info would be appreciated.

  38. #78
    George:
    Check my wesite and give me a call :-)
    JR

  39. #79
    John Chitwood -'s Avatar
    John Chitwood - is offline Private Investigator Forum Member

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    Licensing for Bail Enforcement in Tx

    Hi, my name is John Chitwood. I held a Private Investigator's license from 1998-2000 and would like to know about procedures to begin my own company. I am mainly interested in the Bail Bond industry working as a Bail Enforcement Officer. I have heard of the rule concerning Commissioned Security Officers, i have held Level III status since 1996.. Am i elegible to start my own company?

  40. #80
    John:

    Bail enforcement in Texas requires you be a Private Investigator.

    Your best bet for information is the Private security Bureau Website - http://www.txdps.state.tx.us/psb/

    Cheers

    JR

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