§ 1702.230 — APPLICATION FOR INDIVIDUAL LICENSE.

Texas § 1702.230

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 1702.230. APPLICATION FOR INDIVIDUAL LICENSE. (a) An application for an individual license must be verified and include:
(1) the applicant's full name, residence address, residence telephone number, date and place of birth, and social security number;
(2) a statement that:
(A) lists each name used by the applicant, other than the name by which the applicant is known at the time of application, and an explanation stating each place where each name was used, the date of each use, and a full explanation of the reasons the name was used; or
(B) states that the applicant has never used a name other than the name by which the applicant is known at the time of application;
(3) the name and address of the applicant's employer;
(4) the date the employment described by Subdivision (3) commenced;
(5) a letter from the company license holder requesting that the applicant be issued an individual license;
(6) the title of the position occupied by the applicant and a description of the applicant's duties;
(7) the required fees, including the criminal history check fee established under Section 1702.282 ;
(8) fingerprints of the applicant provided in the manner prescribed by the department; and
(9) any other information, evidence, statement, or document required by the department.
(b) The employer of the applicant shall make a reasonable attempt to verify the information required under Subsection (a)(1) before the earlier of:
(1) the date the application is submitted; or
(2) the date the applicant begins to perform the duties of employment that require an individual license.
(c) An applicant must submit an application that substantially meets the requirements of this section before employment in a capacity for which an individual license is required.
(d) For purposes of Subsection (a), an application is not considered to be verified until the department has received electronic verification from the department or the Federal Bureau of Investigation, as applicable, that the applicant has submitted the applicant's fingerprints.
(e) The department shall make information available to the public concerning whether an applicant for an individual license has met the requirements under this chapter for performing a service for which the individual license is required.
(f) If information concerning an applicant is not made available under Subsection (e) before the 48th hour after the time the applicant's fingerprints are submitted in accordance with Subsection (a), the applicant may begin performing the duties of employment for which the individual license is required, other than duties as a commissioned security officer, if the employer or its agent:
(1) verifies through the department's publicly accessible website that the applicant is:
(A) not disqualified for the individual license based on the applicant's criminal history; and
(B) not required to register as a sex offender under Chapter 62 , Code of Criminal Procedure; and
(2) maintains in the applicant's employee file a copy of the search results obtained under Subdivision (1).

Legislative History

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.629, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4.66, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730 ), Sec. 4B.14, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 827 (H.B. 4030 ), Sec. 1, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616 ), Sec. 5.075, eff. September 1, 2019.