TITLE examining-boards

Part XVI. Texas Board of Physical Therapy Examiners

Chapter 329. Licensing Procedure

22 TAC §329.5

The Texas Board of Physical Therapy Examiners proposes an amendment to §329.5, concerning Licensing Procedures for Foreign-Trained Applicants. The amendment will require all foreign-trained applicants to demonstrate proficiency in the English language by achieving the board's standards on the Test of Spoken English (TSE), the Test of English as a Foreign Language (TOEFL), and the Test of Written English (TWE). It will also allow those who make a 50 on the TSE to submit three letters of recommendation, which, at the board's discretion, may be considered as proof of proficiency in spoken English.

John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Maline also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the additional availability of qualified physical therapists. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed amendment may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas, 78701.

The amendment is proposed under the Physical Therapy Practice Act, Texas Civil Statutes, Article 4512e, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

Texas Civil Statutes, Article 4512e is affected by this amended section.

§329.5.Licensing Procedures for Foreign-Trained Applicants.

(a)-(g)

(No change.)

(h)

Guidelines for board-approved education credentialing entities.

(1)

(No change.)

(2)

The credentialing entity must attest that the institution attended by the applicant has the recognition of the Ministry of Education or the equivalent in that country. [ All applicants must demonstrate proficiency in the English Language. The credentialing entity will certify if the applicant's physical therapy course work has been taught in English. Applicants whose physical therapy course work has not been taught in English are required to take the Test of English as a Foreign Language (TOEFL), Test of Spoken English (TSE), and Test of Written English (TWE), as required in the Act, Section 8c. All three tests must be passed with the following minimum scores: TOEFL 580, TSE 55, AND TWE 5. ]

(3)

All foreign-trained applicants must demonstrate the ability to communicate in English by making the minimum score accepted by the board on the following exams: Test of English as a Foreign Language (TOEFL), 580 (237 if paper-based test); Test of Written English (TWE), 5.0; Test of Spoken English (TSE), 55. If an applicant makes a score of 50 on the TSE, the board will allow the applicant to submit three original, notarized letters of recommendation from individuals who have practical knowledge of the applicant's ability to communicate successfully in spoken English. Individuals who provide this written testimony must be native English speakers, cannot be related by blood or marriage to the applicant, and at least one of the letters must be from a PT licensed to practice in Texas. These letters must be submitted by their authors directly to the board. At the board's discretion, the letters may be considered satisfactory evidence of proficiency in spoken English.

(4)

[ ~~(3)~~ ] Licensing procedures for foreign-trained applicants. The credentialing entity must attest that the applicant is licensed/registered/authorized to practice in the country in which the education and training were accomplished if the country has a licensure/registration/authorization system in place. Otherwise, the applicant must be eligible for unrestricted practice in that country.

(5)

[ ~~(4)~~ ] The credentialing entity adopts the policy of "scaling" as defined by the National Council on the Evaluation of Foreign Educational Credentials, American Association of Collegiate Registrar and Admissions Officers, Washington D.C.; i.e., a year of foreign study is worth no more than a year of American study, regardless of contact hours, or general education is converted to equate to approximately 30-32 United States semester credit hours per year, and professional education to approximately 36 semester credit hours per year.

(6)

[ ~~(5)~~ ] The credentialing entity must use a method to convert classroom hours to semester units which has a ratio no greater than the following: 15 contact lecture hours=one semester unit/hour; 55 contact laboratory hours=one semester unit/hour. When lecture/lab hours are not delineated on the transcript, the evaluator may use an appropriate ratio and indicate the ratio used in the evaluation.

(7)

[ ~~(6)~~ ] The credentialing entity must list and assign a grade for each course taken by the applicant, by assigning the grade of A, B, C, D, F, Pass, Fail, Credit or No Credit. Those grades assigned by the credentialing entity must be the grades that are converted to the U.S. equivalent, in accordance with the most current version of the National Association for Foreign Student Affairs Handbook on the Placement of Foreign Graduate Students. The credentialing entity must identify and list those courses which would not transfer to the U.S. as a C or above or Pass or Credit in accordance with the most current version of the National Association for Foreign Student Affairs Handbook on the Placement of Foreign Graduate Students. An applicant must earn a grade of A, B, C, or Pass or Credit in any professional physical therapy education courses. An applicant with a grade of D, F, Fail, or no credit appearing for a professional physical therapy education course on his/her evaluation who has not successfully retaken the course with a grade of A, B, C, Pass or Credit is not eligible for licensure in Texas.

(8)

[ ~~(7)~~ ] The credentialing entity must attest that the applicant has successfully completed an educational program equivalent to U.S. programs accredited by the Commission on Accreditation of Physical Therapy Education (CAPTE) and has earned the equivalent of a minimum of 72 semester hours of professional physical therapy education. The applicant must have completed courses in each of the following areas: basic sciences, clinical science, and physical therapy theory and procedures. The applicant must have also successfully completed United States required equivalent courses/hours (no less than eight and will receive credit for no more than 15 U.S. semester credit hours at the Upper Division Level) in clinical education. If the applicant has completed the required course work in clinical education but the transcript does not reflect the required credit hours then the credentialing entity may use the conversion formula of 55 contact hours per one semester credit.

(9)

[ ~~(8)~~ ] The credentialing entity must certify that the program covers at least four years of full-time post-secondary study and awards a degree equivalent in level and purpose to the Bachelor of Science in Physical Therapy, as awarded by regionally accredited colleges and universities in the United States.

(10)

[ ~~(9)~~ ] If the degree received is equivalent to a four-year Bachelor of Science degree in Physical Therapy as awarded by regionally accredited colleges and universities in the United States, the credentialing entity must use the approved evaluation checklist when considering an applicant's credentials. Deficiencies must be identified and must show the subjects and credit hours necessary to satisfy the requirements of the evaluation checklist.

(11)

[ ~~(10)~~ ] The credentialing entity must submit to the board the resumes of any and all credential analysts and the physical therapy consultants involved in the evaluation of foreign-trained applicants for licensure in Texas. This must be submitted to the council at least 30 days prior to any analysis performed by that person.

(12)

[ ~~(11)~~ ] The credentialing entity must submit to the board a board-approved form, properly signed and notarized, in which it agrees to use the board's guidelines to evaluate transcripts of applicants seeking licensure in Texas.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 8, 1999.

TRD-9904089

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 305-6900

Part XX. Texas Board of Private Investigators and Private Security Agencies

Chapter 421. General Provisions

22 TAC §421.1, §421.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §421.1 and §421.2, concerning General Provisions. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) Vernon Anotated Civil Statutes, by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Mr. Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules.

Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§421.1.Notice of Change or Fact.

§421.2.Complaint Limitation.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904107

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 421. Fraudulent Application Prohibited

22 TAC §421.1

The Texas Board of Private Investigators and Private Security Agencies proposes new §421.1, concerning Fraudulent Application Prohibited. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) Vernon Anotated Civil Statutes, by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Mr. Kimbrough also has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new section is proposed under 4413(29bb) Vernon Anotated Civil Statutes, §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§421.1.Fraudulent Application Prohibited.

Applications submitted to the Commission are government documents and / or records. A fraudulent application for a license, registration or security officer commission pursuant to the Act is a criminal offense. Applicants that willfully make false statements in making applications for licenses, registrations, or security officer commissions pursuant to the Act, or otherwise commit a violation in connection with such application, will be subject to prosecution.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904133

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 422. Definitions

22 TAC §422.1

The Texas Board of Private Investigators and Private Security Agencies proposes new §422.1 concerning Definitions. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§422.1.Additional Definitions.

The following words or terms, when used in the Act or Commission Rules, shall have the following meaning, unless the context clearly indicates otherwise:

(1)

Client - A person as defined in Section 2.2 of Article 4413 (29bb) V.A.C.S. having a contract which authorizes services to be provided in return for financial or other considerations.

(2)

Conflicts of interest - A conflict or the appearance thereof between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act.

(3)

Contract - An agreement between a person or agency licensed under this Act and a client. Such contracts may be oral or written, or in any combination thereof.

(4)

Conviction - Any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendre, or otherwise, and any deferred or suspended sentence or judgement, or pre-trial diversion.

(5)

Curriculum - The collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations.

(6)

Licensee - Any person defined in the Act that has been granted a license, registration or security officer commission or has filed an application for a license, registration or security officer commission by or with the Texas Commission on Private Security.

(7)

Act - the statutes as amended by the 76th Legislature under Article 4413 (29bb) V.A.C.S and Commission Rules.

(8)

Director - The Director of the Texas Commission on Private Security.

(9)

Shareholder - Shall mean 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904134

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 423. Rules of Procedure and Seal

Subchapter A. Code of Professional Responsibility and Conduct

22 TAC §§423.1-423.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§423.1 - 423.4 concerning Code of Professional Responsibility and Conduct. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§423.1.Standards of Conduct.

§423.2.Standards of Services.

§423.3.Standards of Reports.

§423.4.Continuing Education Courses for Private Investigators.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904108

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Subchapter B. Hearings, Grievances, and Appeal Procedures

22 TAC §§423.11-423.62

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§423.11 - 423.62 concerning Hearings, Grievances, and Appeal Procedures. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§423.11.Grievance and Appeal Procedures Provided.

§423.12.Definitions.

§423.13.Filing of Documents.

§423.14.Computation of Time.

§423.15.Agreement to be in Writing.

§423.16.Service in Nonrulemaking Proceedings.

§423.17.Conduct and Decorum.

§423.18.Classification of Parties.

§423.19.Parties in Interest.

§423.20.Appearances Personally or by Representative.

§423.21.Classification of Pleadings.

§423.22.Form and Content of Pleadings.

§423.23.Examination by the Director.

§423.24.Motions.

§423.25.Amendments.

§423.26.Incorporation by Reference of Agency Records.

§423.27.Docketing and Numbering of Causes.

§423.28.Licenses.

§423.29.Contested Proceedings.

§423.30.Personal Service.

§423.31.Prehearing Conference.

§423.32.Motions for Postponement, Continuance, Withdrawal, or Dismissal.

§423.33.Joint Hearings.

§423.34.Place and Nature of Hearing.

§423.35.Presiding Officer.

§423.36.Order of Procedure.

§423.37.Recordings and Transcripts.

§423.38.Formal Exceptions.

§423.39.Dismissal Without Hearing.

§423.40.Rules of Evidence.

§423.41.Documentary Evidence and Official Notice.

§423.42.Prepared Testimony.

§423.43.Limitations on Number of Witnesses.

§423.44.Exhibits.

§423.45.Offer of Proof.

§423.46.Depositions.

§423.47.Subpoenas.

§423.48.Proposals for Decision.

§423.49.Filing of Exceptions, Briefs, and Replies.

§423.50.Form and Content of Briefs, Exceptions, and Replies.

§423.51.Oral Argument.

§423.52.Final Decisions and Orders.

§423.53.Rendering of Final Decision or Order.

§423.54.Administrative Finality.

§423.55.Motions for Rehearing.

§423.56.The Record.

§423.57.Show Cause Orders and Complaints.

§423.58.Ex Parte Consultations.

§423.59.Appeals.

§423.60.Amendments to Rules Subsequent to January 1, 1976.

§423.61.Effective Date.

§423.62.Petition for Adoption of a Rule.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904109

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 425. Organization and Meetings of the Board

22 TAC §425.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §425.1 concerning Organization and Meetings of the Board. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., §11(a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rules: Texas Civil Statutes, Article 4413(29bb).

§425.1. Meetings of the Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904110

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 425. Licensed Companies

22 TAC §§425.1-425.4, 425.10, 425.15, 425.20, 425.25, 425.30, 425.35, 425.40-425.42, 425.50, 425.55, 425.70, 425.80, 425.81, 425.85, 425.86, 425.90-425.94

The Texas Board of Private Investigators and Private Security Agencies proposes new §§425.1 - 425.4, 425.10, 425.15, 425.20, 425.25, 425.30, 425.35, 425.40 - 425.42, 425.50, 425.55, 425.70, 425.80, 425.81, 425.85, 425.86, and 425.90 - 425.94 concerning Licensed Companies. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect the fiscal implications for individuals who are required to comply with these rules will be minimal, and are specifically directed towards the conduct of licensees for the protection of the public and consumers. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new sections are proposed under 4413(29bb) V.A.C.S., §11(a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these new rules: Texas Civil Statutes, Article 4413(29bb).

§425.1. Complaint Limitation.

The Commission shall not accept an administrative complaint relating to the fulfillment of contractual obligations against a licensee if the complaint is filed more than two years after the alleged violation date.

§425.2. Date of Licensing, Certification or Acknowledgment.

If an application or written notification is required, the date of licensing, certification, or acknowledgment by the Commission will be either the receipt date or the date the complete application or written notification is accepted for processing, whichever is later.

§425.3. Certificate of Installation.

(a)

For purposes of interpreting the term "exterior structure opening" in §6(a)(2)(A), Texas Insurance Code, that term shall mean all exterior doors, windows, or other openings into a structure greater than 96 square inches with the smallest dimension exceeding six inches; provided however, that no opening is an "exterior structure opening" if it was designed and installed to be unmovable or inoperable and has not been reconstructed to be movable or operable. A garage door is not an exterior structure opening if all other exterior structure openings from the garage into the structure are contacted.

(b)

Any alarm system company may issue a certificate of installation pursuant to §3C., Article 4413 (29bb) V.A.C.S..

§425.4. Standards of Conduct.

(a)

Licensees shall carry out fully any contract for services entered into with a client except for reasons deemed to be lawful.

(b)

Licensed companies may use the phrase "Licensed by the Texas Commission on Private Security" on stationary, business cards, and in advertisements, but no licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the State Seal of Texas, except those identification and license items that are prepared or issued by the Commission. No licensee shall use the State Seal of Texas to advertise or publicize a commercial undertaking.

(c)

No licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the Flag of the State of Texas, except those identification and license items that are prepared or issued by the Commission. No licensee shall use the Flag of the State of Texas to advertise or publicize a commercial undertaking.

(d)

Licensees will make copies of contracts with clients available to Commission investigators when served with a subpoena signed by the investigator for copies of said contracts if a written contract was utilized.

(e)

Commissioned security officers or personal protection officers shall carry only a firearm of the type with which the commissioned security officer or personal protection officer has been formally trained and of which training documentation is on file with the Commission.

(f)

No commissioned security officer or personal protection officer shall carry an inoperative, unsafe, replica or simulated firearm while in the course and scope of their employment.

(g)

No commissioned security officer or personal protection officer shall brandish, point, exhibit, or otherwise display a firearm at anytime, except as authorized by law.

(h)

The discharge of a firearm while in the performance of their duty by any person registered, or commissioned by a licensee shall be reported to the Austin office of the Commission. Notification of the discharge of a firearm shall be in writing within 24 hours of the incident, and shall be faxed by the licensee, or manager. The fax shall be addressed to the Director of the Commission at (512) 452-2307. The fax shall include:

(1)

name of the person discharging the firearm:

(2)

name of the employer;

(3)

location of the incident;

(4)

a brief narrative of what happened;

(5)

whether death, personal injury or property damaged resulted, and

(6)

whether the incident is being or was investigated by a law enforcement agency.

(i)

No licensee shall engage in any business activity in violation of §38.11 or §38.12 of the Texas Penal Code (Barratry and Solicitation of Professional Employment.)

(j)

Licensees shall not perform any service regulated by the Commission if a Letter of Summary Suspension or Letter of Summary Denial has been forwarded in accordance with the Act and Commission Rules. After Summary Suspension or Summary Denial, a Letter of Reinstatement must be received by the licensee prior to performing any services regulated by the Commission.

(k)

All licensees, if arrested, charged, or indicted for a criminal offense above the level of Class C misdemeanor shall immediately notify their employer, who shall then notify the Commission in writing at the Austin office of the Commission within three days of the arrest, including the name of the arresting agency the offense, court, and cause number of the charge or indictment, if any.

(l)

All licensees shall report any name changed by marriage, divorce or other reason to the Commission within 30 days of the effective date of change. The notice of the change shall be in writing, and shall include a certified copy of the legal document ordering the name change.

(m)

No licensee shall engage in conduct while in the course, scope or performance of their duties that constitutes a Class C misdemeanor as provided in the Texas Penal Code, Alcoholic Beverage Code, or Health and Safety Code.

§425.10. Stay of Summary Suspension.

(a)

An individual who is an owner, shareholder, manager or supervisor of a sole proprietorship or closely-held corporation, and who has been summarily suspended as the result of a Class B misdemeanor or equivalent offense only, may request a stay of summary suspension by submitting a written request to the Director.

(b)

The written request for a stay of summary suspension must include all of the following:

(1)

The full name, mailing address, telephone number, fax number, social security number, license number, position with the company, and date of birth of the individual making the written request.

(2)

The arrest date, time, and location, and the offense title, arresting officer's name and department relating to the offense for which the stay request is made.

(3)

A statement as to whether the individual making the request for a stay of summary suspension was in the performance of an activity or duties involved in the operation of the individual's company or activities for which a license, commission or registration would be required.

(4)

A detailed account of the circumstances leading up to, and resulting in the requesting individual's arrest.

(5)

An explanation as to why the summary suspension of the individual making the request for a stay would place an undue hardship on the company's continued operation.

(6)

A statement providing that the information in the written request for a stay of summary suspension is true and correct.

(7)

Any additional information requested by the Director.

(c)

Upon receiving a written request for a stay of summary suspension, the Director may, at his discretion, consider the request under the following conditions:

(1)

The individual must be an owner, majority shareholder, qualified manager or qualified supervisor of a licensee.

(2)

The Class B misdemeanor offense must not involve violence or fraud.

(3)

The individual must not have an acceptable immediate family member or other qualified person to whom the license can reasonably be assigned pending the disposition of the criminal case.

(4)

The individual's prior history of criminal and/or administrative violations.

(5)

Circumstances of the individual's arrest.

(6)

Any other information as may be required by the Director.

(d)

If, in the discretion of the Director, a stay of the summary suspension is granted, the requesting individual will be notified in writing by the Director within two working days after the request is received by the Director.

(e)

No stay of summary suspension shall be effective until and unless the requesting party has received written confirmation of the stay from the Director.

(f)

No stay of summary suspension shall remain in effect beyond the date of the next called meeting of the Commission following the request for a stay at which time the Commission members will consider the disposition of the matter.

(g)

No continuance shall be granted with respect to a stay of summary suspension.

§425.15. Standards of Service.

(a)

In accordance with subsection (c) of this section, a licensee shall inform each client he is entitled to receive a written contract that contains the fee arrangement with necessary information covering services to be rendered.

(b)

A written contract for services required to be licensed under the Act shall be furnished to a client within seven days after a request is made for such written contract. The written contract shall contain the fee arrangement, with the necessary information covering services to be rendered.

(c)

A written contract for services requiring a license under the Act shall be dated and signed by the owner, manager or a person authorized by one or either of them to sign written contracts for the licensed company.

(d)

Each licensee that has a contract to provide services licensed by the Commission within seven days after entering into a contract for services regulated by the Commission with another licensee shall:

(1)

notify the recipient of those services of the name, address, and telephone number, and individual to contact at the company which purchased the contract.

(2)

notify the recipient of services at the time the contract is negotiated that another licensed company may provide any, all or part of the services requested by sub-contracting or out-sourcing those services. If any of the services are sub-contracted or out-sourced to a licensed third party the recipient of services must be notified of the name, address, phone number and license number of the company providing those services.

§425.20. Standards of Reports.

(a)

At the time a contract for services requiring a license under the Act is negotiated, each client shall be informed that he or she is entitled to receive a written report concerning services rendered for which a fee has been tendered by a licensed company.

(b)

A written report shall be furnished by the licensed company to the client within seven days after a written request is received from the client.

§425.25. Permitting or Allowing Violations.

Licensees or persons who have applied for or have been issued a registration or security officer commission shall not knowingly permit or allow employees to violate a provision of the Act, a Commission Rule or any criminal statute.

§425.30. Administrative Hearing Procedures.

Hearings and Appeal Procedures related to all administrative hearings conducted by the Commission are governed by §2001 of the Government Code, V.A.C.S.

§425.35. Penalty Range.

The Commission shall develop, utilize and publish guidelines for administrative penalties and ranges of violations of the Act and Commission Rules.

§425.40. Amendments to Commission Rules Subsequent to January 1, 1976.

(a)

Prior to the adoption of any rule, the Commission shall give at least 30 days notice of its intended action. Notice of the proposed rule shall be filed with the Secretary of State and published by the Secretary of State in the Texas Register . The notice shall include:

(1)

a brief explanation of the proposed rule;

(2)

the text of the proposed rule, except any portion omitted as provided in §2002.014 of the Texas Government Code prepared in a manner to indicate the words to be added or deleted from the current text, if any;

(3)

a statement of the statutory or other authority under which the rule is proposed to be promulgated;

(4)

a request for comments on the proposed rule from any interested person; and

(5)

any other statement required by law.

(b)

Each notice of a proposed rule becomes effective as notice when published in the Texas Register . The notice shall be mailed to all persons who have made timely written requests of the Commission for advance notice of this rule making proceeding. However, failure to mail the notice does not invalidate any actions taken or rules adopted.

(c)

Prior to the adoption of any rule, the Commission shall afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. In the case of substantive rules, opportunity for public hearing shall be granted if requested by at least 25 persons, by a governmental subdivision or agency, or by an association having at least 25 members. The Commission shall consider fully all written and oral submissions concerning the proposed rule. On adoption of a rule, the Commission, if requested to do so by an interested person either prior to adoption or within 30 days after adoption, shall issue a concise statement of the principal reasons for and against its adoption, incorporating in statement its reasons for overruling the considerations urged against its adoption.

(d)

If the Commission finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer that 30 days notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period not longer than 120 days renewable once for a period of not exceeding 60 days, but the adoption of an identical rule under subsections (a) and (c) of this section is not precluded. An emergency rule adopted under the provisions of this subsection, and the Commission's written reasons for the adoption, shall be filed in the office of the Secretary of State for publication in the Texas Register .

(e)

The Commission may use informal conferences and consultations as means of obtaining viewpoints and advice of interested persons concerning contemplated rule making. The Commission may also appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rule making. The powers of the committees are advisory only.

(f)

Any interested person may petition the Commission requesting the adoption of a rule. Any such petition must be presented in substantially the form set forth in §425.42 of this title (relating to Petition of Adoption of a Rule). Within 60 days after submission of a petition, the Commission either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rule-making proceedings in accordance with the provisions of this rule.

§425.41. Effective Date.

These rules govern all proceedings filed after they take effect and they also govern all proceedings then pending. Any rule adopted after December 31, 1975, shall become effective 20 days after filing two certified copies of said rule with the Secretary of State, unless otherwise specified in the rule because of statutory directive or federal law or emergency.

§425.42. Petition for Adoption of a Rule.

(a)

Applicant: (Here give name and complete mailing address of applicant on whose behalf the application is filed, hereinafter called the applicant.)

(b)

Caption: Applicant hereby seeks (Here make specific reference to the rule or rules which it is proposed to establish, change or amend, so that it or they may be readily identified, prepared in a manner to indicate the words to be added or deleted from the current text, if any.)

(c)

Proposed Change: (Here make reference to any exhibit to be attached to and incorporated by reference to the petition, the said exhibit to show the amendment providing for the proposed new provision, rule, regulation rate practice or other change, including the proposed effective date, application and all other necessary information, in the exact form in which it is to be published, adopted or promulgated.)

(d)

Justification: (Here submit the justification for the proposed action in narrative form with sufficient information to inform the Commission and any interested party fully of the facts upon which applicant relies.)

(e)

Resume or Concise Abstract: (Here file with the petition a concise but complete resume or abstract of the information required in Subsections (a), (b), (c) and (d) of this section.

§425.50. Consumer Information.

(a)

A licensee shall notify consumers or recipients of services of the name, mailing address, and telephone number of the Commission on each written contract and invoice for services.

(b)

A licensed company must display prominently in the principle place of business and any branch office, a sign containing the name, mailing address, and telephone number of the Commission, and a statement informing consumers or recipients of services that complaints against licensees can be directed to the Commission.

(c)

Signs required to be displayed in the place of business of a licensed company shall be obtained from the Commission.

§425.55. Information Shown in Advertisements.

Any advertisement by a licensee shall include:

(1)

the company name and address as it appears in the records of the Commission; and

(2)

the license number of the licensee as issued by the Commission.

§425.70. Guard Dog Welfare Requirements.

Each guard dog company licensed by the Commission shall comply with the following rules:

(1)

All pens, spaces, rooms, runs, cages, compartments or hutches where guard dogs are housed, exercised, trained or placed shall be kept clean and maintained in a sanitary condition. Excreta shall be removed as often as necessary to prevent contamination of the inhabitants and reduce disease hazards and odors. Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather.

(2)

All animals shall be fed at least once a day except as otherwise might be directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding of food, and shall be kept clean and sanitary to prevent molding, deterioration, or caking of feed.

(3)

All animals shall be furnished ample water. If potable water is not accessible to the animals at all times, it shall be offered to them at least twice daily for periods of not less than one hour, except as directed by a licensed veterinarian. Watering receptacles shall be kept clean and sanitary.

(4)

All animals shall be vaccinated by a licensed veterinarian against rabies by the time they are four months of age and within each subsequent 12 month intervals thereafter. Official rabies vaccination certificates issued by the vaccinating veterinarian shall contain certain standard information as designated by the Texas Department of Health. Information required is as follows:

(A)

Owner's name, address and telephone number.

(B)

Animal identification. Species, sex, age (three mo. to 12 mo., 12 mo. or older), size (lbs.), predominant breed, and colors.

(C)

Vaccine used, producer, expiration date and serial number.

(D)

Date Vaccinated.

(E)

Rabies tag number.

(F)

Veterinarian's signature and license number.

§425.80. Written Examination.

(a)

All manager or supervisor applicants shall pass a written examination administered by the Commission.

(b)

The passing grade of a written examination shall be 75% of the total points possible.

(c)

The written examination shall cover all sections of the Act and Commission Rules.

(d)

Before being administered the written examination, the manager or supervisor applicant must:

(1)

present a valid identification card which contains a photograph upon request;

(2)

report 30 minutes prior to the examination time; and

(3)

comply with all the written and verbal instructions of the proctor;

(e)

During an examination session, a manager or supervisor shall not:

(1)

bring any books, or other written material related to the content of the examination into the examination room;

(2)

refer to, use, or possess any such written material in the examination room;

(3)

give or receive answers or communicate in any manner with another examinee during the examination;

(4)

communicate any of the content of an examination to another at any time;

(5)

steal, copy or in any way reproduce any part of the examination;

(6)

engage in any deceptive or fraudulent act either during an examination or to gain admission to it;

(7)

solicit, encourage, direct, assist or aid another person to violate any provision of this section; or

(8)

disrupt the examination session.

§425.81. Reexamination and Fee.

Any examination, other than the one examination authorized by payment of the original license fee, shall be considered a reexamination and the reexamination fee shall be $100.00.

§425.85. Photographs.

Photographs required by the Act shall be in color and shall show a facial likeness of applicants. Photographs placed on pocket cards shall have been taken within the past six months and be 1" x 11/4" in size.

§425.86. Fingerprint Cards.

(a)

All fingerprint cards required by the Act shall be fingerprint cards approved by and obtained from the Commission. Except as provided for in §435.2 of this title (relating to Fingerprints), two fingerprint cards shall be submitted for each applicant. All blank spaces shall be completed and the cards shall be signed by the applicant and the person taking the prints.

(b)

Applicants who have had fingerprints rejected on three separate attempts may appeal to the Director in writing for a waiver, which the Director may grant under conditions deemed appropriate.

§425.90. Assumed Name Requirements.

(a)

All applicants, doing business under an Assumed Name shall submit a certificate from the County Clerk of the county of the applicant's residence, showing compliance with the Assumed Name Statute.

(b)

Corporations using an Assumed Name shall submit a certificate from the Texas Secretary of State and the County Clerk of the county of the applicant's residence, showing compliance with the Assumed Name Statute.

§425.91. Verification of Corporations.

Applicants that are corporations shall submit a current Certificate of Existence or a Certificate of Authority from the Texas Secretary of State.

§425.92. Assignment Under Class.

When a Class A license or a Class B license is assigned to a Class C license, a fee in the amount of the difference in the cost of the licenses shall be paid to upgrade the license. There shall be no refund when a Class C license is assigned to a Class A or Class B license. This fee is in addition to the regular assignment of a license fee.

§425.93. Procedure for Termination of License or Branch Office License.

An owner or qualified manager shall:

(1)

submit a written request to the Commission to terminate the license;

(2)

not be required to pay a fee to terminate a license; and

(3)

once terminated, a license shall not be reinstated.

§425.94. Assignment to Spouse or Heirs.

The Commission may approve the assignment of a license to the spouse or heir(s) of a deceased provided:

(1)

a certified copy of the owner's death certificate is filed with the Commission;

(2)

a certified copy of the Will, Order Admitting Will to Probate, Letters of Testament, or Order of Heirship is filed with the Commission; and

(3)

in the case of the death of a qualified manager, that a replacement manager is qualified within 90 days.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904135

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 427. License Required and False Representation Prohibited

22 TAC §427.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §427.1, concerning License Required and False Representation Prohibited. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§427.1.Texas Residency.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904111

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 428. Guard Dog Company

22 TAC §§428.1-428.10

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§428.1 - 428.10, concerning Guard Dog Company. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§428.1.Guard Dog Company Requirements.

§428.2.Licensee Cooperation with Board Investigator.

§428.3.Board Approved Personal Protection Officer Instructor/Level Four Training/Approved Commissioned Security Officer Training Schools.

§428.4.Level Four Training (Personal Protection Officer Training Course).

§428.5.Personal Protection Officer Training Video Tapes, Examination, and Grade.

§428.6.Certificate of Completion.

§428.7.Attendance, Progress and Completion Records Required.

§428.8.Requirements for Issuance of a Personal Protection Authorization.

§428.9.Requirements of Personal Protection Officer Employer.

§428.10.Violations of the Act by Personal Protection Officers.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904112

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 429. Application and Examination

22 TAC §§429.1-429.10

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§429.1-429.10 concerning Application and Examination. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the repeals.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will no fiscal implications for individuals who are required to comply with the repeals. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these repeals. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The repealed sections are proposed under 4413 (29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by the repealed sections: Texas Civil Statutes, Article 4413 (29bb).

§429.1.Verification of Experience.

§429.2.Examination.

§429.3.Reexamination and Fee.

§429.4.Photographs.

§429.5.Fingerprint Cards.

§429.6.Licensees who are not Texas Residents.

§429.7.Examination to be in Austin.

§429.8.Assumed Name.

§429.9.Corporations.

§429.10.Issuance of Pocket Card.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904113

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 430. Commissioned Officers/Personal Protection Officers

22 TAC §§430.1, 430.5, 430.10, 430.20, 430.21, 430.31, 430.35, 430.40, 430.45, 430.50

The Texas Board of Private Investigators and Private Security Agencies proposes new §§430.1, 430.5, 430.10, 430.20, 430.21, 430.31, 430.35, 430.40, 430.45, and 430.50 concerning Commissioned Security Officers and Personal Protection Officers. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect the fiscal implications for individuals who are required to comply with the rules will be minimal. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The new section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§430.1.Requirements for Issuance of a Personal Protection Authorization.

(a)

An applicant for Personal Protection Authorization shall:

(1)

submit a written application for a personal protection authorization on a form prescribed by the Commission;

(2)

be at least 21 years of age;

(3)

have a valid Security Officer Commission issued prior to applying for a personal protection authorization;

(4)

submit proof that the applicant has completed the handgun proficiency requirements of the Act within 90 days preceding the date the application for a personal protection authorization is received by the Commission;

(5)

submit proof that the applicant has successfully completed the Personal Protection Officer Course taught by a Commission approved Personal Protection Officer Instructor; and

(6)

submit proof of completion of the Minnesota Multiphasic Personality Inventory test (Proof of completion of the Minnesota Multiphasic Personality Inventory test shall be in the form of the Commission approved Declaration of Psychological and Emotional Health and shall be signed by a licensed psychologist).

(b)

A personal protection officer may transfer his registration as a personal protection officer to another employer if:

(1)

the personal protection officer has transferred his security officer commission to the new employer; and

(2)

submits the appropriate form and transfer fee to the Commission's Austin office within in 14 days of the transfer of employment to the new employer.

§430.5.Requirements of Personal Protection Officer Employer.

Personal Protection Officer employers shall:

(1)

issue the Personal Protection Officer authorization pocket card issued by the Commission to the Personal Protection Officer when received from the Commission and affix a color photograph to the pocket card;

(2)

maintain on file for Commission inspection, contracts for Personal Protection Officer services; and

(3)

maintain current records on all persons issued a personal protection authorization on file for Commission inspection. The records shall contain:

(A)

current residence of personal protection officer.

(B)

the personal protection officer's name, address and telephone number;

(4)

upon receipt of a subpoena, provide:

(A)

the name of the client being protected and contract information; and

(B)

the hours and dates of duty assignment.

§430.10.Violations of the Act by Personal Protection Officers.

In addition to other rules, a personal protection officer shall not:

(1)

perform personal protection officer duties for any person(s) other than the employer indicated in the Commission records;

(2)

fail to affix his or her signature and color photograph to the personal protection officer pocket card issued by the Commission;

(3)

fail to timely surrender the personal protection officer pocket card upon written notice served by the Commission or his employer;

(4)

while in the course and scope of his or her employment as a personal protection officer, provide or engage in any other service regulated by the Act or Commission Rules other than providing personal protection from bodily harm to one or more individuals;

(5)

fail to conceal his firearm on his person;

(6)

fail to carry on his or her person, the issued security officer commission and personal protection authorization while performing the officer's duties as a personal protection officer; or

(7)

fail to present his or her security officer commission and personal protection authorization card upon request.

§430.20.Renewal of Security Officer Commission.

The renewal period for security officer commissions shall be the calendar month prior to the expiration of the security officer commission.

§430.21.Requirements for Issuance of a Governmental Letter of Authority.

(a)

A governmental letter of authority shall:

(1)

be obtained by a governmental entity that employs commissioned security officers.

(2)

be issued with each governmental letter of authority approved by the Commission and this number shall be used on all applications submitted to the Commission.

(3)

be valid for one year and shall be renewed upon receipt of an acceptable renewal application.

(4)

be renewed during the calendar month preceding the month of expiration.

(b)

Holders of a letter of authority shall be subject to all rules of the Act and Commission.

§430.31.Requirements for Issuance of a Security Officer Commission by the Commission.

(a)

Applicant shall have successfully completed a Commission approved 30-hour training program and be awarded a certificate of completion from a Commission approved security officer training school.

(b)

The licensed company shall submit and maintain on file with the Commission color photographs of the company uniform(s) shown in full length and as worn by its security officer employees, size 8 inches by 10 inches desired, 3 inches by 5 inches minimum acceptable. The photographs shall show the entire uniform, including a close-up of the badge, shoulder patch, and nameplate.

§430.35.Application for a Security Officer Commission.

A completed security officer commission application shall be submitted on a form provided by the Commission. Incomplete applications cannot be processed and will be held no more than 30 days after Commission staff request clarification or additional information, after which time the application is deemed rejected.

(1)

The application shall include:

(A)

the required fee;

(B)

at least two sets of fingerprints on fingerprint cards obtained from the Commission and the $25.00 FBI Fingerprint Check Fee;

(C)

a copy of the applicant's Level I certificate of completion; and

(D)

a copy of the certificate of completion provided to the applicant from a Commission approved Level Three Training school.

(2)

The employer shall affix one color photograph, 1" x 1-1/4" to the pocket card when received from the Commission.

§430.40.Violations by Commissioned Security Officers.

In additional to other rules, a commissioned security officer shall not:

(1)

perform commissioned security officer duties for any person(s) other than the employer as indicated in the Commission records;

(2)

carry a pocket card to which the security officer has failed to affix his signature and photograph to the commission card issued by the Commission;

(3)

fail to timely surrender his commission card upon written notice served by the Commission;

(4)

possess or uses any security officer commission which has been altered; or

(5)

deface or allow improper use of his security officer commission.

§430.45.Carrying of a Security Officer Commission.

A private security officer who has been issued a security officer commission by the Commission shall carry it while on duty and going to and from the place of assignment.

§430.50.Uniform Requirements.

(a)

Each security officer shall, at a minimum, have on the outermost garment the name of the company under whom the security officer is employed, the word "security", and identification which contains the last name of the security officer.

(b)

The name of the company and the word security shall be of a size, style, shape, design, and type which is clearly visible from a minimum of 10' by a reasonable person under normal conditions.

(c)

No licensee shall have a badge, shoulder patch, or any identification which contain the words "law enforcement" and/or similar word(s) including, but not limited to: agent, enforcement agent, detective, task force, special officer, fugitive recovery agent or any other same or similar combination of names which gives the impression that they are connected in any way with the federal government, a state government or any political subdivision of a state government.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904136

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 431. Manager to Control Business

22 TAC §431.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §431.1 concerning Manager to Control Business. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§431.1.Operation Without Manager.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904114

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 433. Handgun; Security Officer Commission

22 TAC §§433.1-433.11

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§433.1 - 433.11 concerning Handgun; Security Officer Commission. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§433.1.Renewal of Security Officer Commissions.

§433.2.Letter of Authority.

§433.3.Requirements for Issuance of a Security Officer Commission by the Board.

§433.4.Application for a Security Officer Commission.

§433.5.Issuance of a Security Officer Commission by the Board.

§433.6.Verification of Information Received.

§433.7.Violations of the Act by Commissioned Security Officers.

§433.8.Employers Records Required on Commissioned Security Officers.

§433.9.Carrying of a Security Officer Commission.

§433.10.Uniform Requirements.

§433.11.Commissioned Security Officer Scope of Authorization.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904115

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 434. Alarm Systems Monitoring

22 TAC §434.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §434.1 concerning Alarm Systems Monitoring. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§434.1.Alarm Systems Monitoring.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904116

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 435. Training Programs

22 TAC §§435.1-435.16

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§435.1 - 435.16 concerning Training Programs. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§435.1.Application for a Training Course Approval.

§435.2.Attendance, Progress, and Completion Records Required.

§435.3.Certificate of Completion.

§435.4.Records Required on Director.

§435.5.Board Refusal of Certificate of Completion.

§435.6.Withdrawal of Training School Approval.

§435.7.Notification of Denial or Withdrawal of a Letter of Approval.

§435.8.Application for a Training Instructor Letter of Approval.

§435.9.Training Course.

§435.10.Notice of Change of Address of a Training Course.

§435.11.Notice of Change of Instructor Signature Authorization.

§435.12.Firearm Courses.

§435.13.Shotgun Training.

§435.14.Training School and Instructor Approval.

§435.15.Security Officer Training Manual, Examination, and Grade.

§435.16.Firearm Requalification.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904117

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 435. Registrants

22 TAC §§435.1-435.4, 435.10

The Texas Board of Private Investigators and Private Security Agencies proposes new §§435.1 - 435.4, and 435.10 concerning Registrants. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering these rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect the fiscal implications for individuals who are required to comply with these rules will be minimal, and are specifically directed towards the conduct of licensees for the protection of the public and consumers.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§435.1.Employment Requirements.

(a)

A registrant or commissioned security officer of a licensed company must meet the specifications defined by the Internal Revenue Service as an "employee."

(b)

A licensee shall not make application for any person knowing that the conditions of that person's employment do not conform to subsection (a) of this section.

§435.2.Fingerprints.

(a)

An applicant for a registration, security officer commission or license under the provisions of this Act whose registration or commission has been expired for a period of time less than six months is not required to submit new fingerprint cards when making application.

(b)

Notwithstanding Commission §455.10 of this title (relating to Registration Deadline) a licensee shall obtain the fingerprints of an applicant for a registration or security officer commission prior to assigning the applicant to duty.

§435.3.Exhibit Pocket Card.

A person who has been issued a registration pocket card shall carry the pocket card on or about his person while on duty and shall present same upon request.

§435.4.Licensed Company Responsible for the Registration of Employees.

It shall be the responsibility of the licensed company to register all employees required to register under the Act, with the Commission.

§435.10.Registration Deadline.

Any person required to be registered with the Commission must have their application on file with the Commission within 14 days after commencing employment. Failure to comply may, in the discretion of the Director, result in denial of the application.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 9, 1999.

TRD-9904137

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 436. Alarm Installer and Alarm Systems Salesperson Training and Testing

22 TAC §§436.1-436.6

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§436.1-436.6 concerning Alarm Installer and Alarm Systems Salesperson Training and Testing. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the repeals.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will no fiscal implications for individuals who are required to comply with the repeals. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these repeals. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The repealed sections are proposed under 4413 (29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by the repealed section: Texas Civil Statutes, Article 4413 (29bb).

§436.1.Application for Alarm Training Program Approval.

§436.2.Attendance, Progress and Completion Records Required.

§436.3.Certificate of Completion Required.

§436.4.Records Required on Manager.

§436.5.Statutory or Rules Violations.

§436.6.Continuing Education.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904118

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 437. Change of Address and New Officers

22 TAC §§437.1-437.5

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§437.1-437.5 concerning Change of Address and New Officers. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the repeals.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will no fiscal implications for individuals who are required to comply with the repeals. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these repeals. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The repealed sections are proposed under 4413 (29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by the repealed sections: Texas Civil Statutes, Article 4413 (29bb).

§437.1.Owner, Officer, Partner, and Shareholder Records.

§437.2.Filing of Owner, Officer, Partner, and Shareholder Records.

§437.3.Corporation Records.

§437.4.Partnership Records.

§437.5.Records of Change of Officers of a Corporation.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904119

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 439. License Not Assignable

22 TAC §§439.1-439.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§439.1-439.4 concerning License Not Assignable. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§439.1. Assignment of an Expired License.

§439.2. Assignment Under Retained Ownership.

§439.3. Assignment to Spouse or Heirs.

§439.4. Assignment Under Class.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904120

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 440. Continuing Education

22 TAC §440.1

The Texas Board of Private Investigators and Private Security Agencies proposes new §440.1 concerning Continuing Education. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering this rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect the fiscal implications for individuals who are required to comply with this rule will be substantial, and are specifically directed towards the conduct of licensees for the protection of the public and consumers.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new section is proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§440.1. Continuing Education Courses.

(a)

A license may not be renewed unless the required minimum hours of Commission approved continuing education credits have been obtained in accordance with the Act. Proof of the required continuing education must be received by the Commission along with the renewal application and shall reflect the following:

(1)

all registrants (except noncommissioned security officers and alarm monitors) shall complete a total of eight hours of continuing education, seven hours of which must be in subject matter that relates to the type of registration held, and one hour of which must be over ethics;

(2)

alarm monitors shall complete four hours of continuing education in subject matter that relates to the duties and responsibilities of an alarm monitor; and

(3)

commissioned security officers shall complete six hours of continuing education, two hours of which must be completed within 90 days of renewal and must contain instruction on the Act and Rules. Continuing education for commissioned security officers must be taught by schools and instructors approved by the Commission to instruct commissioned security officers as defined in §20A of the Act.

(b)

Continuing education instructors shall provide a certificate of completion to each person successfully completing the continuing education course within 7 days after the date of course completion.

(1)

The continuing education certificate of completion shall contain:

(A)

the name and social security number of the person attending the course;

(B)

the title and topic of the course;

(C)

the number of hours of instruction provided;

(D)

the signature of the instructor; or

(E)

any information deemed necessary by the Director.

(2)

The manager of a commissioned security officer training school conducting a continuing education course for commissioned security officers shall provide a certificate of completion to each person successfully completing the course within 7 days after the date the course was completed.

(3)

The certificate of completion for commissioned security officers shall contain:

(A)

the name and social security number of the person attending the course;

(B)

the title and topic of the course;

(C)

the number of hours of instruction provided;

(D)

the signature of the instructor and school Director; and

(E)

any information deemed necessary by the Director.

(c)

To receive Commission approval, a continuing education course shall contain instruction relating to one or more of the following:

(1)

Investigative procedures and practices;

(2)

Business practices;

(3)

Legal aspects of private investigation or private security;

(4)

Ethical aspects of private investigation or private security;

(5)

Handgun proficiency as defined under §20 of the Act; and/or

(6)

Any other course of instruction approved by the Director.

(d)

To receive Commission approval, a continuing education course shall contain at least one clock hour of instruction.

(e)

The Director shall approve courses for continuing education that are determined to meet the qualifications of these rules and the Act. Such courses may be provided for and taught by any organization or person that, in the Director's discretion, has the education, knowledge and experience to provide such information. A person wishing to conduct a continuing education course must provide the Director a description of the contents of the curriculum and the qualifications of any instructor. The Director shall inform the person wishing to conduct the course of the approval or disapproval within 10 working days of receiving the request. The Director may delegate this responsibility to other employees of the Commission.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904138

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 441. Termination of License

22 TAC §§441.1-441.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§441.1-441.4 concerning Termination of License. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§441.1. Procedure for Termination of License.

§441.2. No Termination Fee Required.

§441.3. Denial of Termination.

§441.4. Terminated License Not to be Reinstated.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904121

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 443. Licensee Responsible for Conduct of Employees

22 TAC §443.1, §443.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §443.1, §443.2 concerning Licensee Responsible for Conduct of Employees. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§443.1. Requirements for Employees of Licensees.

§443.2. Permitting or Allowing Employee Violations.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904122

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 445. Employee Records

22 TAC §445.1, 445.3, 445.4

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§445.1, 445.3, and 445.4 concerning Employee Records. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the repeals.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will no fiscal implications for individuals who are required to comply with the repeals. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these repeals. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The repealed sections are proposed under 4413 (29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by the repealed sections: Texas Civil Statutes, Article 4413 (29bb).

§445.1.Employee Records.

§445.3.Records to be Available for Inspection.

§445.4.Pre-Employment Check.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904123

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

22 TAC §§445.1-445.5

The Texas Board of Private Investigators and Private Security Agencies proposes new §§445.1-445.5 concerning Employee Records. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have review the legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The new section is proposed under 4413 (29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413 (29bb).

§445.1.Employee Records.

Licensed companies shall keep records of all registered or commissioned employees . Records shall be maintained for a period of five years from the date of termination. The following records shall be maintained:

(1)

Full name of employee, date of employment, position and address;

(2)

Social Security Number;

(3)

Date of termination;

(4)

Date and place of birth; and

(5)

One color photograph.

§445.2.Location of Records.

Records of registered employees shall be maintained at the following locations:

(1)

If a company has no branch offices, the records shall be maintained at the principal place of business.

(2)

If a company has one or more branch offices, the records shall be maintained at the branch office where the registrant or commissioned security officer is employed.

§445.3.Records to be Available for Inspection.

All records required to be kept under the provisions of the Act and Commission Rules shall be made available for inspection by Commission staff during normal business hours.

§445.4.Pre-Employment Check.

The employer of a commissioned security officer or registrant shall exercise due diligence in ensuring that an applicant's qualifications meet the provisions of Section 14 of the Act, prior to duty assignment.

§445.5.Records required on Commissioned Security Officers.

The employer of a commissioned security officer shall maintain current records on all persons issued a security officer commission for Commission inspection. The records shall contain:

(1)

current residence of the security officer;

(2)

current duty assignment and location of assignment; and

(3)

documented information on training required and provided.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904139

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 446. Schools/Instructors/Training

22 TAC §§446.1-446.25

The Texas Board of Private Investigators and Private Security Agencies proposes new §§446.1-446.25 concerning Schools/Instructors/Training. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have review the legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering these rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect the fiscal implications for individuals who are required to comply with these rules will be minimal, and are specifically directed towards the conduct of licensees for the protection of the public and consumers.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The new sections are proposed under 4413(29bb) V.A.C.S., Section 11. (a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§446.1.Commission Approved Personal Protection Officer Instructor/Level Four Training/Approved Commissioned Security Officer Training Schools.

(a)

The personal protection officer course must be offered by Commission approved commissioned personal protection officer training schools and taught by Commission approved Personal Protection Officer Instructors who are employed by the approved school. Personal Protection Officer Training Instructors must be approved to instruct Level Four training. To receive Commission approval, a school or instructor must submit an application to the Commission on a form provided by the Commission. Any person applying for approval as an instructor shall submit proof of qualification as required by the Commission. Proof of qualification as an instructor shall include, but not be limited to, the following:

(1)

an instructor's certificate issued by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for 3 or more years. Evidence may include:

(A)

affidavit from employer;

(B)

a copy of curriculum taught;

(2)

an instructor's certificate issued by federal, state or political subdivision law enforcement academy along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for 3 or more years. Evidence may include:

(A)

affidavit from employer;

(B)

a copy of curriculum taught;

(3)

an instructor's certificate issued by the Texas Education Agency (TEA) along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for 3 or more years. Evidence may include:

(A)

affidavit from employer;

(B)

a copy of curriculum taught;

(4)

an instructor's certificate relating to law enforcement, private security or industrial security issued by a junior college, college or university along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for 3 or more years. Evidence may include:

(A)

affidavit from employer;

(B)

a copy of curriculum taught; or

(5)

evidence of attending and successfully completing a Commission approved training course for Personal Protection Officer Instructors.

(b)

A letter of approval from the Commission shall be issued to each approved instructor and shall be valid for a period of one year. The instructor's approval may be renewed for a period of one year upon application to the Commission and payment of the renewal fee.

(c)

A letter of approval for a personal protection officer instructor shall be considered a license with respect to suspension, revocation or denial.

(d)

Notice shall be given in writing to the Commission within 14 days after a change in address of the approved instructor.

§446.2.Level Four Training (Personal Protection Officer Training Course).

The Personal Protection Officer Training Course shall consist of a minimum of 15 classroom hours and shall be offered by Commission approved personal protection officer training schools and taught by Commission approved personal protection training instructors. All training shall be conducted with Commission approved instructor present during all instruction. All students of a Personal Protection Officer Training Course shall be tested with an examination prepared by and obtained from the Commission. Commission official Personal Protection Officer Training Video Tapes shall be obtained from the Commission and used as the curriculum. LEVEL FOUR TRAINING COURSE:

(1)

Introduction

(A)

Credentials - Establishing credibility for purpose of student confidence

(B)

Options in personal protection

(C)

Increase security consciousness

(2)

Rules to employ in personal protection circumstances.

(A)

Distance is insurance - maintain the defensive cocoon

(B)

Reversing the flow of fear and intimidation

(C)

Maximizing the use of the element of surprise

(D)

Do not assume help will arrive

(E)

Never turn your back on danger

(3)

The Force Continuum: An academic study

(A)

Command presence

(B)

Verbal tactics

(C)

Empty hand control (soft)

(D)

Empty hand control (hard)

(E)

Intermediate

(F)

Deadly force

(G)

Totality of circumstances affecting the use of force

(H)

Evaluation and Testing

(4)

Unarmed Defensive Tactics

(A)

Empty hand control (hard)/linear attack response techniques

(B)

Empty hand control (soft)/control measures, detainment technique, and take downs

(C)

Practical simulations

(D)

Evaluation and Testing

(5)

Oleoresin Capsicum/Aerosol Projector Training THIS SECTION MUST HAVE A CERTIFIED OLEORESIN CAPSICUM (O.C.) INSTRUCTOR TO OBTAIN CERTIFICATION IN O. C. USE:

(A)

Historical overview

(B)

Position on force continuum

(C)

Familiarization with chemical agent, content, and dispensing unit

(D)

Effects of Oleoresin Capsicum

(E)

Subject/Officer decontamination

(F)

Deployment

(G)

Practical exercises

(H)

Evaluation and Testing

§446.3.Personal Protection Officer Training Manual, Examination.

(a)

The Commission's official Personal Protection Officer Training Manual shall be used by all Commission approved personal protection officer schools and instructors as their curriculum and shall be obtained from the Commission.

(b)

All students of a Personal Protection Officer Training Course shall be tested with an examination prepared by and obtained from the Commission.

(c)

The passing grade of the Personal Protection Officer Training Course shall be a minimum of 75% correct answers on academic studies and must meet the minimum standards as set forth by the approved instructor on practical simulations.

§446.4.Certificate of Completion - Personal Protection Officer Training.

(a)

The certificate of completion shall contain the:

(1)

name and approval number of the school;

(2)

name and signature of the school director;

(3)

name, signature and approval number of the personal protection training instructor;

(4)

date of completion;

(5)

full name and social security number of the student; and

(6)

complete address of the location where the training was conducted.

(b)

Certificates of completion shall be issued by a Commission approved training school.

§446.5.Attendance, Progress and Completion Records Required.

A Commission approved school shall:

(1)

issue an original Certificate of Completion to each qualifying student, within 7 days after the student qualifies;

(2)

maintain adequate records to show attendance and progress of grades of students and maintain on file a copy of each certificate issued to students at the Commission approved training school; and

(3)

make records available to Commission Investigators for inspection during reasonable business hours.

§446.6.Application for a Training Course Approval.

(a)

An application for training school approval shall be on a form prescribed by the Commission to show proof that the applicant has:

(1)

developed an adequate training course or is using the Commission's Training Manual as its curriculum:

(2)

adequate space, qualified instructors, and proper instructional material; and

(3)

appointed a qualified manager who will be responsible for training.

(b)

The Letter of Approval shall be valid for one year and may be renewed by submitting an application for renewal 30 days prior to the expiration date.

§446.7.Attendance, Progress and Completion Records Required.

A Commission approved training school shall:

(1)

issue an original Certificate of Completion to each qualifying student, within seven days after completion; and

(2)

maintain adequate records to show attendance, progress, and grades of students.

§446.8.Certificate of Completion.

(a)

The Certificate of Completion shall reflect the particular course or courses completed by a student during the training period.

(b)

All Certificates of Completion shall contain:

(1)

name and approval number of the school;

(2)

date of completion;

(3)

name, signature and approval number of training instructor;

(4)

name and signature of the qualified manager; and

(5)

full name and social security number of student;

(6)

the date of final completion of the entire course;

(7)

the specific date of firearm qualification along with the name and approval number of the firearms instructor on those certificates designating completion of Level Three; and

(8)

notation as to the type (semi-automatic or revolver) and caliber of the firearm used in range qualification.

§446.9.Records Required on Commission Approved Training School, and Registrants of Any Commission Approved Training Schools.

(a)

Each Commission approved training school shall have a qualified manager who shall comply with the requirements of the Act and Commission Rules.

(b)

Effective upon renewal after January 1, 2000, any Commission approved training school that has not submitted applications to register its owners, officers, partners, shareholders and qualified a manager shall be required to do so before the renewal can be completed along with any applications, fees or fingerprints that may be required for licensing.

§446.10.Commission Refusal of Certificate of Completion.

The Commission may refuse to accept a Certificate of Completion from a training school upon receipt of evidence of violation of the Act or Commission Rules involving an owner, officer, partner, shareholder, or qualified manager or instructor.

§446.11.Withdrawal of Training School Approval.

The Commission may withdraw approval of a training school upon evidence the school has operated in violation of the Act or Commission Rules.

§446.12.Notification of Denial or Withdrawal of a Letter of Approval.

The Commission, upon review and consideration of an application for training school approval, shall set forth in writing the reasons for denial of approval.

§446.13.Application for a Training Instructor Letter of Approval.

An application for approval as an instructor shall contain evidence of qualification as required by the Commission. Instructors may be approved for classroom and/or firearm training. An individual may apply for approval for one or both of these categories. To qualify for a classroom or firearm instructor approval the applicant for approval must submit acceptable certificates of training for each category. The classroom instructor and firearm certificates shall each have consisted of a minimum of 40 hours of Commission approved instruction.

(1)

Proof of qualification as a classroom instructor shall include, but not be limited to:

(A)

An instructor's certificate issued by Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE).

(B)

An instructor's certificate issued by federal, state or political subdivision law enforcement academy.

(C)

An instructor's certificate issued by the Texas Education Agency.

(D)

An instructor's certificate relating to law enforcement, private security or industrial security issued by a junior college, college or university.

(2)

Proof of qualification as a firearm training instructor shall include, but not be limited to:

(A)

An instructor's certificate issued by the National Rifle Association (NRA).

(B)

An instructor's certificate issued by TCLEOSE.

(C)

A firearm instructor's certificate issued by a federal, state or political subdivision law enforcement agency approved by the Director.

(3)

A Letter of Approval from the Commission shall be issued to each approved instructor and shall be valid for a period of one year. The instructor's approval may be renewed during the month preceding the month in which the approval expires for a period of one year after expiration, upon application to the Commission and payment of the renewal fee.

(4)

The Commission may revoke or suspend an instructor's approval or deny the application or renewal thereof upon evidence that:

(A)

the instructor or applicant has violated any provisions of the Act or Commission Rules;

(B)

the qualifying instructor's certificate has been revoked or suspended by the issuing agency;

(C)

a material false statement was made in the application; or

(D)

the instructor does not meet the qualifications set forth in the provisions of the Act and Commission Rules as amended.

§446.14.Training Courses.

(a)

In accordance with Sections 20 and 32 of this Act, the following training shall be required of registrants and commissioned security officers:

(1)

Level One--All registrants, and commissioned security officers including noncommissioned security officers, private investigators, branch office managers, licensed managers, alarm systems monitors, dog trainers and security consultants and excluding alarm installers, alarm salespersons, owner, officers, partners, and shareholders. A certificate indicating completion of Level One training shall be submitted to the Commission along with the application to register the individual within 14 days after they commence employment. Level One Training shall include:

(A)

Introduction to Act and Commission Rules

(B)

Field Note Taking

(C)

Report Writing (Phase I)

(D)

Introduction to Leadership and Professional Demeanor

(E)

Individual Company Policy (Provided by Company)

(F)

Review and Examination

(2)

Level Three Training--shall be completed by applicants for a security officer commission and a personal protection officer authorization. A certificate indicating completion of Level Three Training shall be submitted to the Commission along with the application to register the individual within 14 days after employment is commended. Level Three Training shall include:

(A)

Powers and Authority of Security Officer--4 hours

(B)

Handgun proficiency as defined in Section 20.(j)--14 hours

(C)

Shotgun training and proficiency--1 hour

(D)

Act and Commission rules--4 hours

(E)

Report writing--2 hours

(F)

Field note taking--1 hour

(G)

Emergency situations--3 hours

(H)

Review and Examination--1 hour

(b)

Level One may be taught by the manager, the manager's designee or a Commission approved school and Commission approved instructor.

(c)

Levels Three and Four shall be taught by a Commission approved school and Commission approved instructor.

(d)

Training manuals for Levels One, Three and Four will be prepared by Commission staff and other qualified individuals selected by the Director.

(e)

The passing grade for all examinations shall be a minimum of 75% correct answers.

§446.15.Firearm Courses.

In addition to the firearm qualification requirements as set forth in the Act, a firearm instructor may qualify a student by using:

(1)

the Texas Department of Public Safety Practical Combat Pistol Course;

(2)

the Federal Law Enforcement Training Center Practical Pistol Course; or

(3)

the Texas Department of Public Safety Approved Concealed Handgun Weapons Range Qualifications course.

§446.16.Shotgun Training.

Competency with a shotgun shall be determined by the firearms training instructor after instructing the student in the operation of a shotgun.

§446.17.Shotgun Training Requirements.

The course of fire for shotgun training shall include at a minimum, fifteen rounds fired as follows:

(1)

five shots fired from the shoulder position at seven yards in one minute;

(2)

five shots fired from the hip position at seven yards in one minute; and

(3)

five shots fired from the shoulder position at 15 yards in one minute.

§446.18.Training School and Instructor Approval.

For the purpose of this Act, approval as a security officer training school and/or instructor shall be considered a license with respect to suspension, revocation or denial.

§446.19.Security Officer Training Manual and Examination.

(a)

The Commission's official training manual shall be used by all Commission approved Level Three training schools.

(b)

All students of a Level Three training school shall be tested with an examination prepared by and obtained from the Commission.

(c)

The passing grade of all examinations shall be a minimum of 75% correct answers.

§446.20.Alarm Installer and Alarm Systems Salesperson Training and Testing/Application for Alarm Training Program Approval.

(a)

An application for alarm installer or alarm systems salesperson training program approval shall be on a form prescribed by the Commission.

(b)

A Letter of Approval shall be granted by the Director to all qualified alarm training programs and shall be valid for one year and may be renewed by submitting an application for renewal no later than 30 days prior to the expiration date along with any required fees.

(c)

A qualified manager for an alarm training program in addition to meeting the requirements of Sections 14.(a), 18., and 32., and a qualified alarm training instructor must have successfully completed a Commission approved program in alarm installation. Approval by the Commission of alarm training program directors and qualified alarm training instructors shall be valid for one year.

§446.21.Attendance, Progress and Completion Records Required.

(a)

A Commission approved alarm training program shall:

(1)

issue an original Certificate of Completion to each qualifying student within 7 days after the student qualifies;

(2)

maintain adequate records to show attendance, progress, and grades of students; and

(3)

make all records required to be maintained available for inspection by Commission staff during business hours.

(b)

Qualified Alarm Training Program Instructors shall maintain records on file for inspection by Commission staff during business hours as proof of attendance and progress of grades of students.

§446.22.Alarm Systems Installer or Alarm Systems Salesperson.

(a)

The Certificate of Completion shall contain:

(1)

name and approval number of the school;

(2)

approval number(s) of qualified class room instructor(s);

(3)

date of completion;

(4)

name and signature of the manager of the school; and

(5)

full name and social security number of the student.

(b)

The Certificate of Completion shall indicate that the student has passed the required test and shall contain the words "has successfully completed the alarm installers or alarm systems salespersons alarm training program approved by the Texas Commission on Private Security."

§446.23.Records Required on Manager.

(a)

Each Commission approved alarm training program shall:

(1)

have a qualified manager, and they shall comply with the requirements of Section 14.(a), Section 18., and Section 32.(a) of the Act.

(2)

register any owners, officers, partners, shareholders, and qualify a manager, and they shall meet the requirements under Section 14.(a) and Section 32.(a) of the Act.

(b)

Each owner, officer, partner or shareholder and qualified manager of a Commission approved alarm training program shall within 14 days after commencement of employment submit an application to the Commission, the appropriate fees, and two sets of Commission approved fingerprint cards.

(c)

Effective January 1, 2000, a Commission approved alarm training program shall register its owners, officers, partners, shareholders and qualified manager prior to renewal of the training program.

§446.24.Statutory or Rules Violations.

(a)

The Commission may refuse to accept a Certificate of Completion from an alarm training program upon receipt of proof of violation of the Act or Commission Rules involving an owner, officer, partner, shareholder, manager, or alarm training program instructor.

(b)

The Commission may withdraw, suspend or revoke an approval of an alarm training program or approval of an alarm training instructor upon receipt of evidence that the program or instructor has violated the Act or Commission Rules.

§446.25.Continuing Education.

(a)

Any person employed as an alarm systems installer or alarm systems salesperson must obtain 8 hours of continuing education credits during the 24-month period preceding the expiration date of the registration for education in alarm installation in order to renew the registration.

(b)

The Director shall approve classes for continuing education that are determined to meet the qualifications of the Act and Commission rules.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904140

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 447. Advertisements

22 TAC §447.1, §447.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §447.1 and §447.2 concerning Advertisements. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the repeals.

Jay Kimbrough, Director, has determined that for the first five years the repeals are in effect there will no fiscal implications for individuals who are required to comply with the repeals. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these repeals. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the repeals as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas, 78711.

The repealed sections are proposed under 4413 (29bb) V.A.C.S., Section 11.(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by the repeals: Texas Civil Statutes, Article 4413 (29bb).

§447.1.Address Shown in Advertisements.

§447.2.False Advertising.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904124

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 448. Reciprocity

22 TAC §§448.1-448.4, 448.10, 448.20, 448.25, 448.30, 448.35

The Texas Board of Private Investigators and Private Security Agencies proposes new §§448.1-448.4, 448.10, 448.20, 448.25, 448.30 and 448.35 concerning Reciprocity. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have review the legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect the fiscal implications for individuals who are required to comply with the rules will comply with the fees established by the 76th Legislature under House Bill 2617. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§448.1. Reciprocity.

(a)

The Commission shall identify those criteria for licensing from a state with whom a reciprocal agreement has been made that meet the requirements of the Act and Commission Rules.

(b)

The Commission shall establish an agreement of reciprocity for use in implementing reciprocal agreements with other states. The terms of the reciprocal agreement shall be binding upon the parties thereto and shall be enforceable through the dissolution of the agreement in the event of violation of its terms.

(c)

The Commission shall design an application form to be used by applicants for a reciprocal license. The application shall contain:

(1)

the applicant's name, business address and telephone number;

(2)

the type of license(s) or other authorization(s) currently held by the applicant and the identifying number(s) of such license(s) or other authorization(s);

(3)

the dates of licensure or other authorization(s) and expiration date of the applicant's current license(s) or other authorization(s);

(4)

in the case of individual applicants, any company affiliation(s);

(5)

a statement that the applicant has read, and agrees to comply with all provisions of the rules, regulations and statutes governing investigations and security contractor providers in the State of Texas;

(6)

a statement that the applicant agrees to cooperate with any investigation initiated by the Texas Commission on Private Security;

(7)

the payment of all applicable fees;

(8)

any and all items or documents required under the provisions of the Act or Commission Rules needed to complete the application as shall be specified in the reciprocal agreement with the applicant's state of license origin.

(9)

an irrevocable consent that service of process, in connection with any complaint or disciplinary action filed against the applicant arising out of the applicant's investigation or security contractor activities in the reciprocating state may be made by the delivery of such process on the administrator of the originating state regulatory agency; and

(10)

a statement that the applicant's investigations company or security contractor license or other authorization has not been suspended and/or revoked within a period of ten years immediately preceding that application of previously-satisfied qualifications or reciprocal licensure.

§448.2. Fees.

The fees submitted to the Commission shall be the same whether for an original application, renewal, reciprocal or provisional license, registration or security officer commission.

§448.3. Fees Not Refundable.

Fees collected by the Commission are not refundable or transferable.

§448.4. Method of Payment of Fees.

Payment of fees shall be made by licensed company check, cashier's check, or money order or by an attorney on behalf of his client paid on the attorney's trust fund account.

§448.10. Operation Without Manager.

When a qualified manager or supervisor of a license has terminated his position, and the Commission has been timely notified of the termination in writing within 14 days of the termination, the business shall be operated by an owner, officer, partner or shareholder. No license shall be operated without a manager for a period exceeding 60 days after the date of the previous manager's termination.

§448.20. Fingerprint Submission.

All applicants for any license, registration, security officer commission, permit or approval issued by the Commission shall submit two sets of classifiable fingerprints on fingerprint cards obtained from the Commission along with any required fees to the Commission for the purpose of a criminal history check.

(1)

One set of classifiable fingerprints shall be submitted by the Commission to the Texas Department of Public Safety.

(2)

One set of classifiable fingerprints shall be submitted to the Federal Bureau of Investigations.

§448.25. Original Fees Not Prorated

Original fees shall not be prorated. The full license fee shall accompany all applications for original license.

§448.30. Change of Expiration Date of License.

A licensee desiring to change the expiration date of his license may make such a request to the Commission during the renewal period as defined in §46A of the Act.

(1)

The expiration date desired shall be the last day of any of the 12 months in a calendar year.

(2)

The renewal fee shall be prorated on a monthly basis.

§448.35. Reapplication After Revocation.

An applicant who has had a license or registration revoked by the Commission is not eligible to re-apply for any license or registration issued under this Act unless the fifth anniversary of any such revocation has occurred.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904141

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 449. Branch Offices

22 TAC §449.1, §449.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §449.1, §449.2 concerning Branch Offices. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§449.1. Closing of a Branch Office.

§449.2. Branch Office License Required.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904125

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 449. Authority to Waive Rules

22 TAC §449.1

The Texas Board of Private Investigators and Private Security Agencies proposes new §449.1 concerning Authority to Waive Rules. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have review the legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering this rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect the fiscal implications for individuals who are required to comply with this rule will be minimal, and are specifically directed towards the conduct of licensees for the protection of the public and consumers.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The new section is proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§449.1. Specific Authority to Waive Rules.

(a)

The commissioners have determined that good cause exists to delegate to the Director the authority to waive the rules of the Commission:

(1)

to update existing courses or to add new courses and curriculum;

(2)

to add new examinations or to update existing licensing or certification examinations;

(3)

to conduct other special projects as approved by the commissioner; or

(4)

for other reasons as may be authorized by law.

(b)

The Director will report these temporary waivers to the commissioners.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904142

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 451. Registration of Employees or Private Investigators

22 TAC §§451.1-451.9

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§451.1-451.9 concerning Registration of Employees or Private Investigators. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) Vernon Annotated Civil Statutes, by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Mr. Kimbrough also has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) Vernon Annotated Civil Statutes, §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§451.1.Employee Requirements.

§451.2.Registration Required Under Each Employer.

§451.3.Private Security Consultant.

§451.4.Fingerprints.

§451.6.Exhibit Pocket Card.

§451.7.Licensee Responsible for the Registration of Employees.

§451.8.Registration Deadline.

§451.9.Registration in Other Categories.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904126

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 452. Criminal History Background Checks

22 TAC §452.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §452.1, concerning Criminal History Background Checks. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) Vernon Annotated Civil Statutes, by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Mr. Kimbrough also has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§452.1.Criminal History Background Checks.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904127

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 453. Expiration Dates of Licenses, Proration of Fees

22 TAC §453.1, §453.2

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §453.1, §453.2 concerning Expiration Dates of Licenses; Proration of Fees. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by these rules: Texas Civil Statutes, Article 4413(29bb).

§453.1. Original Fees Not Prorated.

§453.2. Change of Expiration Date of License.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904128

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 455. Fees

22 TAC §§455.1-455.3

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §§455.1-455.3 concerning Fees. Pursuant to the Appropriations Act, Article IX, §167, of the 75th Legislature (1997), the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature (1999). The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997, are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rules.

Jay Kimbrough, Director, has determined that for the first five years the rules are in effect there will no fiscal implications for individuals who are required to comply with the rules. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with these rules. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of the rules as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed sections are proposed under 4413(29bb) V.A.C.S., §11(a)(3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rules: Texas Civil Statutes, Article 4413(29bb).

§455.1. Fees.

§455.2. Fees Not Refundable.

§455.3. Method of Payment of Fees.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904129

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 456. Consumer Information

22 TAC §456.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §456.1, concerning Consumer Information. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§456.1.Consumer Information.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904130

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 459. Suspension

22 TAC §459.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §459.1, concerning Suspension. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§459.1.Activity During Suspension.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904131

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Chapter 460. Application Processing and Refunds

22 TAC §460.1

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Board of Private Investigators and Private Security Agencies or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Board of Private Investigators and Private Security Agencies proposes the repeal of §460.1, concerning Application Processing and Refunds. Pursuant to the Appropriations Act, Article IX, Section 167, of the 75th Legislature, the Texas Board of Private Investigators and Private Security Agencies has undertaken a comprehensive review of its Board Rules that were in effect prior to September 1, 1997. Additionally, Agency Staff and Board members have reviewed the Legislative changes to Article 4413 (29bb) V.A.C.S., by the 76th Legislature. The Agency Staff and Board Members also reviewed suggestions and recommendations from individuals and various Trade associations. As a result of this review all of the Board Rules in effect prior to September 1, 1997 are being repealed, and a new substantive revision of Board Rules have been compiled.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will be no fiscal implications for state and local government as a result of enforcing or administering the rule.

Jay Kimbrough, Director, has determined that for the first five years the rule is in effect there will no fiscal implications for individuals who are required to comply with the rule. Mr. Kimbrough has also determined that there will be no fiscal implications for small businesses who are required to comply with this rule. Mr. Kimbrough has also determined that public benefit will be derived through the promulgation of this rule as the result of strengthened enforcement of the regulated industry thereby raising the level of public safety.

Comments on the proposal may be submitted to Jay Kimbrough, Director, Texas Board of Private Investigators and Private Security Agencies, P.O. Box 13509, Austin, Texas 78711.

The repealed section is proposed under 4413(29bb) V.A.C.S., Section 11. (a) (3) which provides the Texas Board of Private Investigators and Private Security Agencies with the authority "to promulgate all rules and regulations necessary in carrying out the provisions of this Act."

The following is the statute that is affected by this rule: Texas Civil Statutes, Article 4413(29bb).

§460.1.Acceptance for Filing; Defective Applications

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 9, 1999.

TRD-9904132

Jay Kimbrough

Director

Texas Board of Private Investigators and Private Security Agencies

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 463-5545

Part XXIX. Texas Board of Professional Land Surveying

Chapter 663. Standards of Responsibility and Rules of Conduct

Subchapter A. Ethical Standards

22 TAC §663.8

The Texas Board of Professional Land Surveying proposes an amendment to §663.8, concerning Adherence to Statutes and Codes.

A new paragraph (5) is being added in response to recent legislation, which required the Board to prescribe standards for compliance with Subchapter A, Chapter 2254 of the Government Code.

Sandy Smith, executive director, has determined that for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government.

Ms. Smith also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be prescribed standards for compliance with Subchapter A, Chapter 2254 of the Government Code. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752.

The amendment is proposed under Texas Civil Statutes, Article 5282c, §9, which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state, and this Act.

No other statute, article, or code is affected by this proposal.

§663.8. Adherence to Statutes and Codes.

Strict adherence to practice requirements of related sections of the statutes, the state code, and all local codes and ordinances should be maintained in all services rendered. The registrant:

(1)

shall abide by, and conform to, the registration and licensing laws of the state;

(2)

shall abide by, and conform to, the provisions of the state code and all local codes and ordinances;

(3)

shall not violate nor aid and abet another in violating a rule of conduct nor engage in any conduct that may adversely affect his fitness to practice;

(4)

shall not sign nor impress his seal or stamp upon documents not prepared by him or under his control or knowingly permit his seal or stamp to be used by any other person.

(5)

shall not submit or request, orally or in writing, a competitive bid to perform professional surveying services for a governmental entity or political subdivision of the State of Texas unless specifically authorized by state law.

(A)

For purposes of this section, the board considers competitive bidding to perform professional surveying services to include the submission of any monetary cost information in the initial step of selecting qualified professional land surveyors. Cost information or other information from which cost can be derived must not be submitted until the second step of negotiating a contract.

(B)

This section does not prohibit competitive bidding in the private sector.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on July 12, 1999.

TRD-9904160

Sandy Smith

Executive Director

Texas Board of Professional Land Surveying

Earliest possible date of adoption: August 22, 1999

For further information, please call: (512) 452-9427