SECTION 140.31. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Texas Health and Safety Code, Chapter 781.

(2) Administrator--The department employee designated as the administrator of the regulatory activities authorized by the Act.

(3) Applicant--A person or entity who applies for a license or registration to provide personal emergency response system services under the Act.

(4) Branch office license--A place of business, other than the principal place of business as shown in department records, from which business is conducted, solicited, or advertised.

(5) Business entity--A business operating under any legal business structure.

(6) Client--A person who has entered into a contract to receive personal emergency response system services in return for financial or other considerations.

(7) Commissioner--The Commissioner of the Department of State Health Services.

(8) Contract--An agreement between a person or company regulated under this chapter and a client. Such contracts may be oral or written, or in any combination thereof.

(9) Department--The Department of State Health Services.

(10) Personal emergency response system--An alarm system that is installed in the residence of a person; monitored by an alarm systems company; designed only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and not part of a combination of alarm systems that includes a burglar alarm or fire alarm.

(11) PERS--Personal emergency response system.

(12) License--A license issued under the Act authorizing a person to provide personal emergency response system services.

(13) Licensee--A person that has been granted a license to provide personal emergency response system services in accordance with the Act.

(14) Registrant--A person that has been granted a registration to provide personal emergency response system services in accordance with the Act.

(15) Registration--A registration issued under the Act authorizing a person to provide personal emergency response system services.

(16) Shareholder--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 only hold stock in the licensee solely for the purposes of investment.

(17) Security salesperson--Any individual who is employed by a security services contractor to sell services offered by the contractor, and enters a client's residence at any time during the person's employment.

(18) Advertising--The direct solicitation for business which requires a license or registration to provide personal emergency response system services and involving more than a mere listing of a licensee's name, address, and telephone number.

Source Note: The provisions of this §140.31 adopted to be effective February 1, 2007, 32 TexReg 314