Tex. Codes » Occupations Code · TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY · CHAPTER 1702. PRIVATE SECURITY
Texas Codes

Tex. Occ. Code § 1702.386 (2026)

Unauthorized Employment; Offense

✓ current as of May 2026
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Sec. 1702.386. UNAUTHORIZED EMPLOYMENT; OFFENSE. (a) A person commits an offense if the person contracts with or employs a person who is required to hold a license or commission under this chapter knowing that the person does not hold the required license or commission or who otherwise, at the time of contract or employment, is in violation of this chapter.

(b) An offense under Subsection (a) is a Class A misdemeanor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4.96, eff. September 1, 2009.

Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 5.108, eff. September 1, 2019.

Notes of Decisions
Cited in 4 cases, 2000–2020 · leading case: Michael R. Harris v. Charles Kennebrew, Sr. & Elite Prot. Servs., LLC, 425 S.W.3d 588 (Tex. App. 2014).
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Michael R. Harris v. Charles Kennebrew, Sr. & Elite Prot. Servs., LLC, 425 S.W.3d 588 (Tex. App. 2014). “386 of the Texas Occupations Code, it is a misdemeanor to “contraet[ ] with or employ[ ] a person who is required to hold a license, registration, endorsement, or commission under [the Private Security Act] knowing that the person does not hold the required license,…”
Ex Parte J. E. (Tex. App. 2020). · cites it 2× “See TEX. OCCUP. CODE ANN. § 1702.386. All charges arose out of the same arrest.”
Jay Darden Loving v. State (Tex. App. 2020). “OCC. § 1702.221. The trial court assessed Appellant’s punishment at confinement in the Taylor County Jail for one year, but the trial court suspended the imposition of the sentence and placed Appellant on community supervision for one year.”
Carol Ann Davis v. State (Tex. App. 2000). “The court assessed punishment in each cause at incarceration for one year and a $4000 fine, but suspended imposition of sentence and placed appellant on community supervision. Because we find unassigned error that renders these convictions void, we will reverse and render…”
— Tex. Occ. Code § 1702.386(a) — 1 case
Jay Darden Loving v. State (Tex. App. 2020). “OCC. § 1702.221. The trial court assessed Appellant’s punishment at confinement in the Taylor County Jail for one year, but the trial court suspended the imposition of the sentence and placed Appellant on community supervision for one year.”
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