The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
- (1) Client--Any person, individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity, having a contract which authorizes services to be provided in return for financial or other considerations.
- (2) Conflict of interest--A conflict or the appearance thereof, between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act.
- (3) Board--Means the members appointed by the Governor of Texas to serve as the governing body of the Texas Private Security Board or the staff serving the administration/enforcement needs of that entity.
- (4) Contract--An agreement between a person or company licensed under this Act and a client. Such contracts may be oral or written, or in any combination thereof.
- (5) Conviction--Any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendre, or otherwise, and any deferred or suspended sentence or judgment, community supervision, or pre-trial diversion.
- (6) Curriculum--The collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations.
- (7) Licensee--Any person defined in the Act that has been granted a license, registration or security officer commission or has filed an application for a license, registration or security officer commissioned by or with the Texas Private Security Board.
- (8) Act--Title 10, Chapter 1702, Texas Occupations Code as amended by the Texas Legislature.
- (9) Manager--Means the manager of the Texas Private Security Bureau.
- (10) Shareholder--Means any individual holding stock in a licensee who is actively involved in the normal course of operation and business of the licensee and shall not include those individuals who hold stock in the licensee solely for the purposes of investment.
- (11) Advertising--Means the direct solicitation for business which requires a license under the provisions of this Act and involving more than a mere listing of a licensee's name, address and telephone number.
- (12) Undercover Agent--A person as defined under §1702.240 of the Act, requiring protected identity, during the course and scope of a specific, ongoing, investigation.
- (13) State--means the State of Texas or any political subdivision thereof.
Source Note:The provisions of this §35.1 adopted to be effective October 21, 2004, 29 TexReg 9686.