SECTION 35.172. Certain Locksmith Services

(a) An owner or employee of a retail establishment open to the general public may perform work on a mechanical security device within the confines of the establishment, provided the work is limited to servicing products sold by the establishment, or duplicating keys.

(b) The installation of a pre-keyed lockset may be performed by an unlicensed person, so long as the installer is hired directly by the recipient of the service, is not employed by or under contract with the retail establishment from which the lockset was purchased and the installation involves no rekeying or other internal manipulation of the locking mechanism or of any existing mechanical security devices.

(c) Repossession agents who are exclusively engaged in the business of repossession are exempted from licensure under the Act while using their own equipment and employees to decode or make keys, or to install or repair locks for the property repossessed. Any third party contractor engaged to perform such services must be licensed as a locksmith.

(d) The exemptions listed in subsection (a), (b), or (c) of this section apply only if the person does not use the term "locksmith" or any similar term, or otherwise create the impression to a reasonable consumer that the person is a licensed locksmith.

Source Note: The provisions of this §35.172 adopted to be effective May 6, 2014, 39 TexReg 3610