Section 1702.134 of the Private Security Act exempts private security license holders from local government requirements to obtain a license or permit, or pay a fee, to perform a service regulated under the Act. Whether a given local regulation or requirement is compliant with this provision is dependent on the regulation’s specific requirements and the nature of the services being provided, and is ultimately a matter of legal interpretation appropriately addressed by counsel for the local governmental entity and private counsel for the affected licensee. The department does not have the authority to take action against a local governmental entity and cannot provide advisory opinions or legal advice in this regard.
Tex. Occ. Code Sec. 1702.134. COMPANY LICENSE HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS.
(a) A company license holder or an employee of a company license holder is not required to obtain an authorization, permit, franchise, or license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or other political subdivision of this state to engage in business or perform a service authorized under this chapter.
(b) A municipality, county, or other political subdivision of this state may not require a payment for the use of municipal, county, or other public facilities in connection with a business or service provided by a company license holder, except that a municipality may impose and collect:
(1) a reasonable charge for the use of a central alarm installation located in a police office that is owned, operated, or monitored by the municipality; and
(2) reasonable inspection and reinspection fees in connection with a device that causes at least five false alarms in a 12-month period.
(c) A municipality may require, until the device is repaired to the satisfaction of the appropriate municipal official, discontinuation of service of an alarm signal device that, because of mechanical malfunction or faulty equipment, causes at least five false alarms in a 12-month period.
(d) For the purposes of Subsection (c), a false alarm caused by human error or an act of God is not considered a mechanical malfunction or faulty equipment.