8.10.20 – DPS
Many licenses have been identified by Texas Department of Public Safety – Private Security as requiring a business update relating to the company representative requirements. Pursuant to administrative rule 35.43(c), those individuals who were previously registered as qualified managers or supervisors and are currently serving as company representatives under the authority of the grace period may no longer function as company representatives after Sept. 1, 2020 unless they hold at least 25% interest in the business, or are appointed an officer to oversee the security related aspects of the business.
A company that continues to operate without a company representative after that date will be in violation of the Private Security Act and related administrative rules. This violation is punishable by an administrative fine of $250 per violation (per day of operation) or by suspension of the license.
The following information and instructions were provided via emails sent by Texas Department of Public Safety – Private Security to assist you in making the necessary updates.
Sole Proprietor:
If your business is a sole proprietorship, the owner must have the experience required to qualify as the company representative and pass the private security examination. If the owner does not have the required experience or if the company wishes to maintain the current qualified manager as the company representative, the business will need to submit a business update changing the structure of the business from a sole proprietor to either a General Partnership, Limited Partnership, Corporation (Inc., Corp.), Limited Liability Partnership (LLP), or a Limited Liability Company (LLC). Depending on the structure change, a name change may also be required. The individual to be designated as the company representative will need to either owns at least a 25% interest in the company, or be appointed as an officer who oversees the regulated services of the company. Please login to TOPS and submit a business update application to reflect the new company representative. Instructions for submitting a business update application can be found by visiting
https://www.dps.texas.gov/rsd/PSB/docs/topsBusUpdtApplication.pdf
If you have any questions or require assistance with the application process contact Texas Department of Public Safety – Private Security via email at https://www.dps.texas.gov/rsd/contact/psb.aspx or call us at 512-424-7293 opt 2.
Corporations:
If your business is a corporation, a shareholder who owns at least a 25% interest in the company, or an officer who oversees the regulated services of the company must be designated as the company representative. Please login to TOPS and submit a business update application to reflect the new company representative. Instructions for submitting a business update application can be found by visiting
https://www.dps.texas.gov/rsd/PSB/docs/topsBusUpdtApplication.pdf
If you have any questions or require assistance with the application process contact Texas Department of Public Safety – Private Security via email at https://www.dps.texas.gov/rsd/contact/psb.aspx or call Texas Department of Public Safety – Private Security at 512-424-7293 opt 2.
Partnership:
If your business is a partnership, a partner who owns at least a 25% interest in the company or an officer who oversees the regulated services of the company must be designated as the company representative.
At the moment, TOPS does not allow a partnership to license an officer who oversees the regulated services of the company. Texas Department of Public Safety – Private Security will notify you once TOPS allows this change. Once notified, please login to TOPS and submit a business update application to reflect the new company representative. Instructions for submitting a business update application can be found by visiting
https://www.dps.texas.gov/rsd/PSB/docs/topsBusUpdtApplication.pdf If you have any questions or require assistance with the application process contact Texas Department of Public Safety – Private Security via email at https://www.dps.texas.gov/rsd/contact/psb.aspx or call Texas Department of Public Safety – Private Security at 512-424-7293 opt 2.