Texas PC Repair Now Requires PI License

scheistermeister

http://www.pcmag.com/article2/0,1895,2324220,00.asp

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dynamik

(1) licenses investigations companies and security
services contractors;
(2) issues commissions to certain security officers;
(3) issues authorizations to certain security
officers engaged in the personal protection of individuals;
(4) registers:
(A) certain individuals connected with a license
holder; and
(B) certain individuals employed in a field
connected to private investigation or private security; and
(5) regulates license holders, security officers, and
registrants under this chapter.
(b) Chapter 53 does not apply to this chapter or to any
licensing, regulatory, or disciplinary determinations made under
this chapter.
SECTION 2. Subchapter E, Chapter 1702, Occupations Code, is
amended by adding Section 1702.085 to read as follows:
Sec. 1702.085. CONFIDENTIALITY OF RECORDS. Records
maintained by the department under this chapter on the home
address, home telephone number, driver's license number, or social
security number of an applicant or a license holder, registrant, or
security officer commission holder are confidential and are not
subject to mandatory disclosure under Chapter 552, Government Code.
SECTION 3. Section 1702.102(a), Occupations Code, is
amended to read as follows:
(a) Unless the person holds a license as a security services
contractor, a person may not:
(1) act as an alarm systems company, armored car
company, courier company, guard company, [or] guard dog company,
locksmith company, or private security consultant company;
(2) offer to perform the services of a company in
Subdivision (1); or
(3) engage in business activity for which a license is
required under this chapter.
SECTION 4. Section 1702.104, Occupations Code, is amended
to read as follows:
Sec. 1702.104. 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
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.

http://www.legis.state.tx.us/tlodocs/80R/billtext/html/HB02833F.htm

Maybe it's just me, but that looks beyond the scope of computer repair. I don't have time to analyze the whole thing, so someone let me know if I'm wrong.

jryantech

scheistermeister

(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:

(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.

That sounds similar to looking for a virus or spyware to me.

Sie

Im glad I find these things straight forward:

Chapter 53 does not apply to this chapter or to any
licensing, regulatory, or disciplinary determinations made under
this chapter.

Tyrant1919

Me possibly starting up a small computer repair service in the near future, I don't like to see this. Me just rambling through the law or whatever it is has no indication that it would apply to simple computer repair.

shednik

That seems a bit much to me for some things

dynamik

scheistermeister wrote:

That sounds similar to looking for a virus or spyware to me.

Exactly. It looks like forensics work.

eMeS

The countdown has already begun on jettisoning this nonsense. Chalk this one up to a strong lobby influencing a few politicians that probably had no idea what they were even talking about ("Why shouldn't people conducting "investigations" be properly licenses?")

http://www.star-telegram.com/245/story/726462.html

MS

dynamik

That article makes the situation much more clear. Thanks.

It's good to see people are taking a stand against it.

scheistermeister

dynamik wrote:

scheistermeister wrote:

That sounds similar to looking for a virus or spyware to me.

Exactly. It looks like forensics work.

Well on the slashdot forums they brought up the point of someone just doing repairs and coming across something like kiddie **** which isn't always exactly forensics work.

oldbarney

In my personal opinion, I'm thinking the CW33 in Dallas/Ft. Worth took this bill WAAAAAY out of context. It seems to apply only to security companies, based on my interpretation. Moreover, check out section 16(b).

(b) This chapter does not apply to:...

...(12) a person who on the person's own property or on property owned or managed by the person's employer:

(A) installs, changes, or repairs a mechanical security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;

I belong to a few local geek groups so I'll ask around to see if anybody has heard anything. There is nothing in this bill that appears applicable to PC repair, at least from my perspective. Furthermore, I see nothing in any of the big papers (Austin, Dallas, Houston, San Antonio) mentioning as much. One can almost guarantee that the Dallas Morning News and Houston Chronicle would be all over this bill if it were so wide-ranging.

EDIT: Well, apparently the FW Star Telegram says this story has legs. I'll check into it.

oldbarney

Here's an update from the Austin American Statesman:

...State Rep. Joe Driver, R-Garland, said that routine computer repairs are not affected by the law, which he said was passed to increase protection of consumer privacy.

"They've gotten people who run computer shops out of sorts for no good reason," Driver said. "If computer shops want to repair computers, there's no problem."

....

But Driver said the bill was intended to protect consumers from privacy invasion and that the problems for computer technicians have been exaggerated. Driver said the only cases in which computer technicians would need a license would be when they are asked to investigate and analyze private data — for example, examining a computer to determine whether the user had committed any illegal activities.

The bill was signed into law almost one year ago. This is the first that I've heard of it.

Talic

I'm surprised that someplace like Texas is trying to pass this, it seems like something the people in California would pass. Except for the Silicon Valley part; it'll be a good way to way to monopolize the market. Imagine only one really expensive company able to fix computers, it'll be like taking to your computer to a forced Geek Squad but with higher prices.

Imagine the uproar that would happen

You'd have to admit California has some crazy court rulings though

darkerosxx

Driver said the only cases in which computer technicians would need a license would be when they are asked to investigate and analyze private data — for example, examining a computer to determine whether the user had committed any illegal activities.

I'm wondering what makes a licensed PI qualified to do this. Do they take computer forensics courses?

By the way, Mr. Driver seems to belittle the law's effects. The law effects third party actions. If you have a virus or spyware, that becomes third party and all of a sudden you need a PI to fix your computer. I call BS on texas!

eMeS

The way this has happened, and that people are only finding out about it now doesn't surprise me at all.

Our legislature only meets every other year, is constantly in extended sessions, and is for the most part ignored until something like this happens.

Our constitution has 456 amendments, was written in 1876 (reconstruction - a very different time politically), and was designed to completely limit the abilities and powers of state government (in the US, any power not specifically granted to the federal government in the US is reserved by the states).

In other words, Texas state government is at times both very chaotic and powerless, both by design.

I haven't researched this thing specifically, but probably what happened was that it got attached to some other legislative activity, and was passed without full-knowledge, or was the result of some quid-pro-quo deals in the legislature.

I seriously doubt that the police would ever enforce this. Generally they don't have the highest opinion of PI's.

This turd will get dumped quickly now that it's getting press...

MS