Texas Preemption for Security & Fire Alarm Firms: DPS §1702.134 and TDI §6002.003 Explained
Texas law preempts many local requirements for private security companies and registered fire-alarm firms—while still allowing cities/counties (AHJs) to require permits and enforce safety. This guide translates Texas Occupations Code §1702.134 and Texas Insurance Code §6002.003 into plain English so owners, contractors, and GCs know what to expect. Informational only—not legal advice.
Texas DPS (Private Security) — §1702.134 Highlights
- No extra local licenses/fees/bonds: A company license holder (or its employees) does not have to obtain a separate city/county authorization, franchise, license, fee, franchise tax, or bond to perform services authorized by Chapter 1702.
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Allowed local charges: A municipality may charge:
- A reasonable fee for use of a central alarm installation it owns/operates/monitors (e.g., police dispatch interface).
- Inspection/reinspection fees tied to devices that cause 5+ false alarms within 12 months.
- Chronic false alarms: The city may require discontinuation of service for devices that cause 5+ false alarms in 12 months due to mechanical malfunction or faulty equipment—not human error or acts of God.
Texas TDI (Fire Alarm) — §6002.003 Highlights
- Statewide uniformity: Fire-alarm rules have uniform force statewide. Local ordinances that conflict with state law are void.
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What locals can require:
- Mandate that a fire alarm/detection system be installed in specified occupancies (if it conforms to state law).
- Require a better/safer system than the minimum (stricter than state baseline).
- Require regular inspections of dwelling-unit smoke detectors and ensure they are operational at inspection.
- Permits & permit fees for installation, and compliance with the local building/construction code and state law.
- Require a pre-dispatch phone call to the protected premises (alarm verification) before notifying emergency services.
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What locals cannot require:
- Additional registrations, licenses, franchise taxes, or bonds for registered firms/license holders or their employees—beyond proof of registration certificate.
- Local residency or business location within the jurisdiction as a condition to work.
At-a-Glance: What Cities/Counties Can & Can’t Require
| Topic | Local Authority | Source |
|---|---|---|
| Extra local licenses/fees/bonds for security firms | Not allowed | DPS §1702.134(a) |
| Fee for municipal central alarm installation | Allowed (reasonable) | DPS §1702.134(b)(1) |
| Fees for devices with 5+ false alarms/12 months | Allowed (inspection/reinspection) | DPS §1702.134(b)(2)-(c) |
| Require local registration/franchise/license for fire firms | Not allowed | TDI §6002.003(c) |
| Require permits & enforce building code for installations | Allowed | TDI §6002.003(d) |
| Impose added qualifications/financial requirements | Not allowed (beyond proof of registration) | TDI §6002.003(e) |
| Require firm to maintain an office/residency in city | Not allowed | TDI §6002.003(f) |
| Require call to premises before fire dispatch | Allowed by ordinance | TDI §6002.003(g) |
Practical Takeaways
- Security monitoring & alarm companies: Expect state licensing to carry statewide; be prepared for central alarm fees and false-alarm enforcement.
- Fire-alarm contractors: Bring your state registration; plan for local permits, plan review, inspections, and adherence to the adopted building/fire codes.
- Owners/GCs: Budget for permits and potential verification policies; avoid chronic false alarms through maintenance and user training.
How We Help
We navigate Texas statewide preemption and local AHJ requirements—permits, submittals, inspections, and alarm policies—so your project moves smoothly. Explore Fire & Life Safety, Alarm Monitoring, or request a consultation.
Disclaimer: This summary is for general information only and may not reflect the latest statutory updates or your local code adoption. Always confirm requirements with your AHJ and consult counsel when needed.