October 16, 2007
This is in response to a request for a written opinion regarding whether the providers of “vehicle monitoring” services must be licensed under the Private Security Act, Chapter 1702 of the Texas Occupations Code. The proposed services involve the sale and installation of video surveillance equipment in the client company’s vehicles. In addition, the recorded images are reviewed for content and then transmitted to the client for appropriate action.
First, the sale and installation of such equipment clearly involves the sale and installation of an “alarm system,” as defined in Section 1702.002(1)(C) of the Texas Occupations Code. That provision includes within the definition of alarm system, “a television camera or still camera system that (i) records or archives images of property or individuals in a public or private area of a residence or business; or (ii) is monitored by security personnel or services.” Tex. Occ. Code §1702.002(1)(C). Based on the description of the service to be provided, either one or both of subsections (i) or (ii) would apply, with the result that the system at issue would constitute an “alarm system,” and a license to sell or install such a system would be required. See Tex. Occ. Code §1702.105.
Secondly, the monitoring of the video images, or the subsequent review of the video recording, is also an activity regulated under the Private Security Act. Because the video is reviewed for content, and specifically reviewed for “recordable events” that would be of interest to the employer, subsection (1) of Section 1702.102 is implicated. That subsection provides that a person acts as an investigations company if the person:
- Engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:
- Crime or wrongs done or threatened against a state or the United States;
- The identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;
- The location, disposition, or recovery of lost or stolen property; or
- The cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;
Presumably the “recordable events” are those that involve conduct on the part of employees that is either illegal or destructive of personal property. At the very least the videos are likely to be furnished to the client for the purpose of establishing the habits, efficiency, movement, location, transactions, or acts of the client’s employees. Tex. Occ. Code §1702.102 (1)(B).
Therefore, the proposed activities would require licensure as both an alarm sales and installation company, under Section 1702.105, and as an investigations company, under Section 1702.104. Any employees of the company who perform work related either to the sales or installation of the equipment in Texas, or the monitoring and review of the videos recorded in Texas, will need to be registered with the department as well. See Tex. Occ. Code §1702.221.