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Thread: PI LICENSING: Texas

  1. #121
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    Re: PI LICENSING: Texas

    Thanks for your reply Edward. I am familiar with the state website, although the page you linked to didn't bring up the page. Maybe they need to update their site.

    I'm actually looking for some current INTERPRETATIONS of the Texas laws.

    Thanks Scott

  2. #122

    Re: PI LICENSING: Texas

    Sorry Richard. That's actually one of my sites. I'll have to hunt down the dead link and fix it.
    How about a link to the The Texas Association of Licensed Investigators?
    http://www.tali.org/ That link works I swear!
    Sorry I can't help with the interpretations.

  3. #123
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    Re: PI LICENSING: Texas

    Hi Edward,
    Don't feel bad web addresses change all the time. Thanks for your attentiveness!
    Here is the correct link for you anyway http://www.txdps.state.tx.us/psb/

    Scott

  4. #124
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    Re: PI LICENSING: Texas

    Quote Originally Posted by Richard Lubniewski View Post
    I noticed that most of the posts here are very outdated. I know Texas has changed many of their laws in the past few years.
    State law seldom changes. What specifically are you referring to that has changed in state law? If we can verify it, then we will update this topic.

    Quote Originally Posted by Richard Lubniewski View Post
    Does anyone have the latest interpretations of the current laws relating to private investigators?
    No one should be taken for granted that an "interpretation" (otherwise known as an opinion) is based on actual state law or a statute. Both an interpretation and opinion must line up with the actual statute.

    One of the past Directors of the Texas Licensing board posted his interpretation (opinion) on the licensing web site that Mystery Shoppers would be cited for a felony in his state. He also included any other operatives that would be investigating under the exemptions of the statutes, yet he was insistent he was going his own way. He was fired by the governor, and his interpretation was removed.

    If you call the Texas Licensing board for any reason, make sure you get the name of the person you are speaking to before you get involved in a telephone discussion of the statutes. 50% of all states have had their receptionists mislead callers when comparing their comments with the statutes.

    Some state associations nationwide are not in favor of the exemptions allowed for unlicensed private investigators. This is against the IPIU Mission Statement as a whole.

    Our Oath includes:

    • d. We firmly sustain all government licensing bodies who regulate private investigators within their lawful authority and who are charged with specific duties by statute as authored by their elected lawmakers.

    • e. We firmly recognized that not all government licensing bodies have authority over unregulated areas of private investigations and related professions, as dictated by the statutes authored by their elected lawmakers.

    • f. We promote all interested parties to pursue obtaining government licensing for our profession whenever the entire evidentiary facts of an interested party's individual circumstances dictate such a need or requirement.

    • g. We do not necessarily believe that all citizens require regulation by a government body in the affairs of a citizen’s chosen profession unless there is a non-partisan proven evidentiary factual need for additional consumer protection.

    • h. We firmly believe and sustain a fair and balanced course in all regulatory matters and discussion.

    • i. We firmly believe that all professional private investigators (whether licensed, unlicensed, regulated, or unregulated) need to exhibit proven investigative skills, based on academic learning, testing, and accomplished experience before performing the duties as a professional private investigator or other related profession on their own.

    • j. We respect and promote the integrity of all private investigators and interns involved in pursuing this profession, as well as those who are charged in their duties to regulate and enforce the specific areas of private investigators wherever their authority is relative and lawful.


    Source:
    http://www.ipiu.org/forums/showthread.php?t=2914

  5. #125

    Re: PI LICENSING: Texas

    Can a private citizen even offer to "interpret a law" without risking an accusation of unlicensed practice of law?

  6. #126
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    Re: PI LICENSING: Texas

    Quote Originally Posted by Edward Opperman View Post
    Can a private citizen even offer to "interpret a law" without risking an accusation of unlicensed practice of law?
    Of course a private citizen can offer an interpretation (an opinion). My earlier post offered that no interpretation should be taken for granted, unless backed up by statute. Even licensed attorneys have given the wrong advice before.

    As for "practicing of law", one of the elements used by the state bar association is to have a factual form of advertising or solicitation which infers the alleged unlicensed attorney is practicing law for a fee or for some value in return.

  7. #127

    Re: PI LICENSING: Texas

    Thanks
    I'm a paralegal and I'm very sensitive to the accusation.

  8. #128
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    Re: PI LICENSING: Texas

    Hi Donna,
    Here is one:

    OCCUPATIONS CODE

    CHAPTER 1702. PRIVATE SECURITY

    SUBCHAPTER A. GENERAL PROVISIONS

    § 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
    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; or
    (4) engages in the business of protecting, or accepts
    employment to protect, an individual from bodily harm through the
    use of a personal protection officer.
    (b) For purposes of Subsection (a)(1), obtaining or
    furnishing information includes information obtained or furnished
    through the review and analysis of, and the investigation into the
    content of, computer-based data not available to the public.

    Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.

    Amended by:
    Acts 2007, 80th Leg., R.S., Ch. 906, § 4, eff. September 1,
    2007.

    Thanks,
    Scott

  9. #129
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    Re: PI LICENSING: Texas

    I think everyone forgot about this thread, so I figured if I added to it again maybe it would attract some attention

    Scott

  10. #130

    Re: PI LICENSING: Texas

    Quote Originally Posted by Richard Lubniewski View Post
    I think everyone forgot about this thread, so I figured if I added to it again maybe it would attract some attention

    Scott
    Scott,

    Please post the Texas State web link to the "OCCUPATIONS CODE, CHAPTER 1702. PRIVATE SECURITY, SUBCHAPTER A. GENERAL PROVISIONS" quote you posted.

  11. #131
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    Re: PI LICENSING: Texas


  12. #132
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    Re: PI LICENSING: Texas

    To all, our response to the following quotes is based on Texas Laws on Page 1 of this topic: Click Here



    A member wrote recently the following:

    I got the following from a PI firm here in Houston when talking to them and mentioning I was a member of IPIU.
    Dear Member:

    Pursuant to your signed Oath & Code of Ethics Agreement, we are instructing you to privately email us the name and contact details of the person who falsely interpreted the Texas statutes to legal.affairs@ipiu.org

    Quotes from Oath:
    • Article 3: TO NOT knowingly support, affiliate with, offer authorship, or agree with any site, group or firm, or individual whose teachings or practices are contrary to or opposed to those accepted by IPIU

    • Article 27-c: to aid IPIU in it's mission to dispel falsehoods and to promote a positive image of it's affairs and the private investigator's industry and its agents and employees.

    • Article 15: . . . Maintaining or being identified on any blog or any web site which depicts illegal or inappropriate behavior will be considered a violation of my Oath & Code of Ethics;

    • Article 27-b: to aid, promote positive credit, and to sustain the Private Investigators Forum and it's authorized sponsors, including the International Private Investigators Union (IPIU), in it's mission;



    Can someone give me the facts based on the comments below?
    Yes, of course. As mentioned above, our response is based, in part, on Texas Laws on Page 1 of this topic: Click Here . Our other responses are based on public details available to you at this web site.



    "Are you currently registered with DPS as a Pi? The reason I ask, is that IPIU is thought of as somewhat of a 0000 by many in the PI industry. "
    Untrue.
    1. The International Private Investigators Union (IPIU) is celebrating its 20th Anniversary serving over 85,000 private investigators and professionals since 1989, with over 40,000 members currently registered here at this site. IPIU's membership, therefore, represents the PI Industry within its own ranks, all of which have agreed to a personal Oath & Code of Ethics that is unmatched with any other industry group.

    2. No other association or industry group is as large as IPIU, although some splinter groups have individual members who were banned from IPIU because of their violation of their Oath & Code of Ethics. All other incorporated groups or associations, to our knowledge, have their own Code of Ethics which forbids any of their members to disparage IPIU or any other entity by promoting falsehoods based on personal bias or personal opinion not based on factual evidence.



    "I believe they are in Canada."
    Untrue for USA Members. See the public Contact page.



    "They sell you the course/membership and then try to set you up with mystery shopper or piracy contracts."
    Yes, that is true - except it is only a fraction of what the IPIU benefits include.

    However, if the author is portraying that mystery shopping and piracy cases are the only items available through the IPIU Job Bank, then the author's statement is completely untrue. Our Job Bank benefits include daily private investigative assignments that are not mystery shopping and not piracy. It is obvious the author is not basing their allegations on factual evidence.



    "The catch is, if you are not taking the assignment from a licensed Texas PI firm, you are committing a crime in Texas."
    Untrue.
    The Texas statutes clearly allow for private investigative assignments that do not require a state PI License. They are known as unregulated private investigators versus regulated private investigators that require a license.

    There are some irresponsible licensed private investigators who falsely believe that "all private investigators" in Texas are required to be a licensed PI - which is completely untrue and not endorsed by the lawmakers.



    "Multiple offenses carry a stiff fine and multiple charges."
    That is true - if someone is advertising themselves as a "Texas" private investigator in regulated areas of the statutes. However, there are no laws against anyone advertising within the statutes as state in the law. Further, there are no laws in Texas prohibiting out-of-state private investigators from advertising on the internet.



    "In order to work as a PI in TX the assignment must go through a Licensed Insured Tx PI company."
    Not for unregulated assignments. And if it is a regulated task, such as surveillance, then the task can be performed by an independent license PI instead of a licensed "company".



    "I’ve heard they do not tell their “members” that."
    Untrue:
    Every guest and every member is given Newcomer Instructions that includes Licensing Laws for Private Investigators.

    Again, the author stated "I've heard . . ." which is hearsay and based on rumor and not facts.



    "This will affect you quite negatively when you apply for your own company license . . ."
    Untrue.
    Any fear claim not based on the full extent of the Texas statutes is designed to discourage you rather than encourage you.



    "and you try to prove 3 years experience by working these jobs for the past 3 years."
    Untrue.
    The Texas Licensing Board will make its own determination of whether or not your 3 years experience in working unregulated private investigative assignments meets their requirement for an independent license. We have many unregulated private investigators who have worked 15 years in undercover investigations for attorneys, insurance companies, and other firms that are not regulated by the Texas Private Investigators Board. If they wished to apply their experience toward an independent PI License, they would surely be qualified and encourage. (Again, the author shows evidence they have not read the statutes)



    "You will basically be admitting to committing a crime for the past 3 years."
    Untrue.
    Again, the author is fabricating a scenario that is not based on the full extent of Texas law and the Texas PI Statutes.



    "There are also a ton of licensed PI’s that will turn you into DPS in a nanosecond if they find out."
    True.
    And the author is may be one of them. What we have found in the last 20 years is that rarely do these self-policing PI complaints go anywhere. Most of them are dismissed by the Texas PI Licensing department because the self-policing licensed PI complainant did not carefully read the statutes which allows for unregulated private investigators.

    Second, there are several licensed PI's who are not earning any money because they are consumed with turning in false reports on other private investigators. We have seen 10-15 of these types on some of the internet groups who purport to be licensed, experienced, and a know-it-all. The most revealing trait of these types are they are always on the internet - 24 hours a day - which means they are not working real cases. If you are going to take someone's word for something, choose a working private investigator and not an arm-chair critic whose only mission in life is to discourage you and others.



    "We have to pay tons of money each year for licensing, continuing education, and liability insurance."
    Untrue.
    The start-up cost to become a license private investigator is a few hundred dollars. Insurance is a monthly or quarterly premium similar to getting car insurance. Continuing education is a fact of life and is within the realm of reasonable. What is glaringly missing in the author's statement are the facts, namely exactly what is a "ton" of money. To some, a "ton" of money may be $100.



    "Unlicensed PIs are a major concern to DPS."
    Yes and no.
    The Department of Public Safety (DPS) should be concerned about their job, as dictated by the elected Texas lawmakers who govern and pass the statutes. If the DPS is doing their job, they should have no additional concerns.

    But again, the DPS does not have any concern over legitimate unregulated private investigators who are law abiding citizens.

    And, the DPS mission does not include "everyone should be licensed as a private investigator." If that were true, then the elected Texas lawmakers (state senators and state house members) would not have limited the powers of the DPS by allowing for unregulated private investigators.
    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.

  13. #133
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    Re: PI LICENSING: Texas

    Excellent info posted! I will be applying for my license/company shortly.

  14. #134
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    Re: PI LICENSING: Texas

    We'll tell me what to do, does it help if you have a concealed carry license ???

  15. #135
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    Re: PI LICENSING: Texas

    Quote Originally Posted by John Caillouette View Post
    We'll tell me what to do, does it help if you have a concealed carry license ???
    John, click on the following message link:

    http://www.ipiu.org/forums/showthrea...440#post529440


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  16. #136
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    Re: PI LICENSING: Texas

    How do I find out if an individual is licensed PI in the State of Texas?

  17. #137
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    Re: PI LICENSING: Texas

    Quote Originally Posted by Jason Lawson View Post
    How do I find out if an individual is licensed PI in the State of Texas?
    Go to Post #1 on Page 1 of this same topic where the exemptions are listed. The search link is at the bottom of Post #1.
    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.

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