Want to repair PCs in Texas....better hit the books

[RightIsWrong]

Criminal justice!

If you don't have a degree in CJ or complete a 3 year apprenticeship, you will be fined $4k and spend a year in jail.

New Computer Repair Law Affects Both Company Owners and Consumers

* Every repair technician in Texas must have private investigator's license
* Licenses are obtained with criminal justice degree or 3 year apprenticeship
* Violators can face up to a 4K fine and 1 year in jail

by Pelpina Trip, KDAF33 News at Nine Intern

June 26, 2008

A new Texas law requires every computer repair technician to obtain a private investigator's license. Violators can face a $4,000 fine and one year in jail, as well as a $10,000 civil penalty.

Unlicensed computer shops will have to close down until they obtain a private investigator's license.

A private investigator's license can be obtained by acquiring a criminal justice degree or by getting a three-year apprenticeship under a licensed private investigator.

The new law also impacts consumers. Consumers who knowingly take computers to an unlicensed company for repair can face the same penalties.

Many computer forensics companies in big cities like Dallas and Houston employ licensed investigators. They provide litigation support to large law firms. However, many independent repair companies in other areas do not have a license.

If small computer repair companies are not allowed to repair computers, rural residents may have to ship their computers for repairs at computer forensics companies.

I have to post this in OT as well 'cause I know a lot of them are afraid to enter into P&N but they should see this also.

 

[Robor]

WTF? Crazy Texans!

Edit: I wonder how this will affect Best Buy's 'Geek Squad' type operations? As if their prices weren't high enough when they paid high-school kids to fix PC's.

 

[GoPackGo]

Very odd law.

 

[bamacre]

No doubt the bigger companies who do computer repair got this law passed. Keeping the little guy down with government regulations that the small guy can't afford.

Texas is one thing, but this kinda shit happens at the federal level all the time. Businesses over-regulating themselves to prevent competition.

 

[PingSpike]

I fail to see how this changes things. The most economically sensible option for when you overload your PC with spyware was and still is: Throw PC in trash and buy a new one for $300.

 

[techs]

Un-Freakin-Believable!!
Oh, it's Texas.
Then I believe it.

 

[Genx87]

Wow that is simply ridiculous.

 

[Skitzer]

What about Repair Techs the big Companies like Dell and Compaq farm out to do their work?
This is gonna cause some problems for consumers in Texas. Replacing a hard drive will cost more than the computer is worth LOL.
Glad I don't live there ....... I make a good chunk of change working on computers in my spare time.

 

[minendo]

Under the new law enacted in 2007, Texas has put computer repair shops on notice that they had better watch their backs any time they work on a computer. If a computer repair technician without a government-issued private investigator?s license takes any actions that the government deems to be an ?investigation,? they may be subject to criminal penalties of up to one year in jail and a $4,000 fine, as well as civil penalties of up to $10,000. The definition of ?investigation? is very broad and encompasses many common computer repair tasks.

link

 

[Oceandevi]

This will increase the pressure on the nerd population. (US)

 

[NoStateofMind]

HAHA piss off Texas~!

 

[dmcowen674]

Another piece of shit legislation that will have to be decided by the Supreme Court.

Sucks that it will take so many years to get there while in the meantime the criminal government of Texas makes out like bandits getting all this bogus money.

 

[CPA]

I'm looking at the bill and the only thing I can find related to computers is

(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.

Well, subsection (a)(1) pertains to:

(a) A person acts
as an investigations company for the purposes of this chapter if the
person:
(1)AAengages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
related to:

then it list a series of non-computer repair related services.

All it's doing is defining the services occupation code. It doesn't say that in order to repair a computer you have to have the PI license.


In fact, later on in the bill it states:

(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;

This could easily be interpreted as someone who repairs computers are exempt.

Of course, unless someone else can point out the section of the bill that specifically states computer repairmen must have a license that I'll concede, but I just don't see it.

 

[CPA]

Originally posted by: minendo

Under the new law enacted in 2007, Texas has put computer repair shops on notice that they had better watch their backs any time they work on a computer. If a computer repair technician without a government-issued private investigator?s license takes any actions that the government deems to be an ?investigation,? they may be subject to criminal penalties of up to one year in jail and a $4,000 fine, as well as civil penalties of up to $10,000. The definition of ?investigation? is very broad and encompasses many common computer repair tasks.

link

So there you have it. You don't need a license, you just need to insure that you are not providing services that are of an investigative nature. Okay, folks, everyone can calm down now.

 

[bamacre]

Originally posted by: techs
Un-Freakin-Believable!!
Oh, it's Texas.
Then I believe it.

I would think you would like this law. It is government regulation of the free market meant to protect consumers from incompetent PC repairmen. Don't you care about consumers?

 

[NaughtyGeek]

Well, since I have a family member who makes their living off repairing computers in Texas, I'm doubly irritated to see this ludicrous BS. Nothing better than a little more government regulation to insure no one can survive without attaching themselves to the corporate teet. Flippin fascists.

 

[Mursilis]

Originally posted by: CPA
I'm looking at the bill and the only thing I can find related to computers is

(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.

Well, subsection (a)(1) pertains to:

(a) A person acts
as an investigations company for the purposes of this chapter if the
person:
(1)AAengages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
related to:

then it list a series of non-computer repair related services.

All it's doing is defining the services occupation code. It doesn't say that in order to repair a computer you have to have the PI license.


In fact, later on in the bill it states:

(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;

This could easily be interpreted as someone who repairs computers are exempt.

Of course, unless someone else can point out the section of the bill that specifically states computer repairmen must have a license that I'll concede, but I just don't see it.

Ah, the voice of reason. I wonder if any computer shop has actually been prosecuted under this interpretation of the law.

 

[RightIsWrong]

Originally posted by: CPA

Originally posted by: minendo

Under the new law enacted in 2007, Texas has put computer repair shops on notice that they had better watch their backs any time they work on a computer. If a computer repair technician without a government-issued private investigator?s license takes any actions that the government deems to be an ?investigation,? they may be subject to criminal penalties of up to one year in jail and a $4,000 fine, as well as civil penalties of up to $10,000. The definition of ?investigation? is very broad and encompasses many common computer repair tasks.

link

So there you have it. You don't need a license, you just need to insure that you are not providing services that are of an investigative nature. Okay, folks, everyone can calm down now.

This is where it gets grey.

If you are actively searching through a PC to clean a virus or spyware, you are by definition doing acts of an investigative nature.

 

[EagleKeeper]

News reporters work with sound bites and rumors.

More glamour in stretching the truth.

 

[Xavier434]

Originally posted by: RightIsWrong

This is where it gets grey.

If you are actively searching through a PC to clean a virus or spyware, you are by definition doing acts of an investigative nature.

Let the courts and the people decide what is and what isn't and investigative nature. The vast majority of all computer repair including cleaning out viruses and spyware would not fly as investigating anything that they shouldn't be investigating. Also, do not forget that people that hand over their computers to these technicians want them to do what they do and will most likely not take them to court for anything unless it is serious.

If by chance the law does get abused, we will just handle it like we handle everything else which is amend the law to prevent abuse.

 

[Capt Caveman]

'AN ACT relating to the licensing and regulation of certain private security services.'

 

[techs]

Originally posted by: bamacre

Originally posted by: techs
Un-Freakin-Believable!!
Oh, it's Texas.
Then I believe it.

I would think you would like this law. It is government regulation of the free market meant to protect consumers from incompetent PC repairmen. Don't you care about consumers?

You completely misunderstand. I would be FOR a law that required p.c. techs to be licensed if the licensing was designed to ensure competancy in repairing p.c.'s.
As an A Plus certified tech who owns his own shop this would help me enormously since too many complete idiots claim to be p.c. techs. And it would help the consumer who is losing billions of dollars a year in wasted money on not just bad tech repair, but damaging tech repair.
The Texas law is like saying a painter needs to have a class 3 driving license to paint. In other words, the license has nothing to do with the service.

 

[ElFenix]

Originally posted by: RightIsWrong

This is where it gets grey.

If you are actively searching through a PC to clean a virus or spyware, you are by definition doing acts of an investigative nature.

no. you have to be investigating one of these three things:

(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

cleaning a virus or spyware is not doing one of those three things.

 

[bamacre]

Originally posted by: techs
I would be FOR a law that required p.c. techs to be licensed if the licensing was designed to ensure competancy in repairing p.c.'s.

Oh great. I don't have any certifications or licenses relevant to PC repair. Looks like I'm out of a job, thanks.

:roll:

Democrats, really helping Americans. :disgust:

Edit: I guess the next time my grandfather called about a problem with his PC, I'll tell him he'll have to call someone else. I'm sure he can afford it on his social security.

:roll:

 

[episodic]

This might have came about because of some techs saying they could put software on to help you monitor a spouse or child? Maybe that is it. . . or a wife bring in a computer to ask what the husband has been doing?