LCG Discovery Experts is licensed as an investigation Company by the Texas Private Security Bureau under the provisions of Chapter 1702 Texas Occupations Code.

License#: A15485

TEXAS PRIVATE SECURITY LAWS

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Selected statutes As Amended by the 81st Legislature Regular Session

Issued by the Texas Department of Public Safety Austin, Texas September 2009

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 person, 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. The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if: (1) the review or analysis of computer-based data is performed only to diagnose a computer or software problem; (2) there is no intent to obtain or furnish information described by Subsection (a)(1); and (3) the discovery of any information described by Subsection (a)(1) is inadvertent.

SUBCHAPTER P. PENALTIES AND ENFORCEMENT PROVISIONS OCC §1702.381.

CIVIL PENALTY. (a) A person who is not licensed under this chapter, who does not have a license application pending, and who violates this chapter may be assessed a civil penalty to be paid to the state not to exceed $10,000 for each violation. (b) A person who contracts with or employs a person who is required to hold a license, registration, endorsement, or security officer commission under this chapter knowing that the person does not hold the required license, registration, endorsement, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter may be assessed a civil penalty to be paid to the state in an amount not to exceed $10,000 for each violation. (c) A civil penalty under this section may be assessed against a person on proof that the person has received at least 30 days' notice of the requirements of this section.

OCC §1702.382. INJUNCTION. (a) An attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute an action against a person to enjoin a violation by the person of this chapter or an administrative rule. (b) An injunction action instituted under this section does not require an allegation or proof that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation to sustain an action under this section. A bond is not required for an injunction action instituted under this section.

OCC §1702.383. ACTION FOR CIVIL PENALTY OR INJUNCTION. If a person has violated a provision of this chapter for which a penalty is imposed under Section 1702.381, an attorney for the department, the attorney general's office, or any criminal prosecutor in this state may institute a civil suit in a Travis County district court or in a district court in the county in which the violation occurred for injunctive relief under Section 1702.382 or for assessment and recovery of the civil penalty.

OCC §1702.3835. DECEPTIVE TRADE PRACTICE. (a) A person who performs or offers to perform an activity regulated under this chapter, but who is not licensed or otherwise authorized under this chapter to perform the activity, commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code. (b) A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this chapter.

www.txdps.state.tx.us/psb