Computer Repair and Technical Assistance Services

December 2, 2020

October 18, 2007
Computer repair or support services should be aware that if they offer to perform investigative services, such as assisting a customer with solving a computer-related crime, they must be licensed as investigators. The review of computer data for the purpose of investigating potential criminal or civil matters is a regulated activity under Chapter 1702 of the Texas Occupations Code, as is offering to perform such services.  Section 1702.102 provides as follows:

§1702.104. Investigations Company
  1. 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:
      1. Crime or wrongs done or threatened against a state or the United States;
      2. The identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;
      3. The location, disposition, or recovery of lost or stolen property; or
      4. 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.
  2. 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.

Please be aware that providing or offering to provide a regulated service without a license is a criminal offense.  Tex. Occ. Code §§1702.101, 1702.388.  Employment of an unlicensed individual who is required to be licensed is also a criminal offense.  Tex. Occ. Code §1702.386.