Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 425.
LICENSED COMPANIES
22 TAC §425.80
(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repeal will not be published.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 Commission on Private Security or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Private Security proposes
the repeal of §425.80, concerning Written Examination.
Previously, the proposed repeal of §425.80 was published in the November
9, 2001, issue of the
Texas Register
(26 TexReg
8987). That version has been contemporaneously withdrawn elsewhere in this
issue of the
Texas Register
. The Texas Commission
on Private Security inadvertently omitted proposed new §426.1, concerning
Written Examination, from the November 9, issue of the
Texas Register
. The Texas Commission on Private Security also has withdrawn
from consideration the proposed amendment to §425.80 which appeared in
the July 27, 2001, issue of the
Texas Register
(26 TexReg 5569). The July 27th amendment to §425.80 should have been
withdrawn previously, however it was inadvertently omitted.The subject matter
in the proposed repeal of §425.80 is the same subject matter in proposed
new §426.1. In order to have the subject matter currently in place as
an existing rule, §425.80 has been proposed for repeal and §426.1
has been proposed as a new rule elsewhere in this issue of the
Texas Register
. New §426.1 will replace current §425.80 at
the time of adoption.
The Commission by way of an Ad-Hoc Committee has under taken a comprehensive
review of its commission rules that were in effect prior to December 31, 2001.
The Commission staff and the Ad-Hoc Committee have also reviewed suggestions
and recommendations from individuals and various trade associations. As a
result of this review all of the Commission Rules in effect prior to December
31, 2001, are being repealed, and a new substantive revision of Commission
Rules have been compiled.
Dr. Jerry L. McGlasson, Director, has determined that for the first five
years the repeal is in effect there will be no fiscal implications for state
and local government as a result of enforcing or administering the repeal.
Dr. McGlasson has also determined that for the first five years the repeal
is in effect the 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. There will no fiscal implications
for individuals who are required to comply with the repeal. There will be
no fiscal implications for small business who are required to comply with
the repeal.
Comments on the proposal may be submitted to Dr. Jerry L. McGlasson, Director,
Texas Commission on Private Security; P.O. Box 13509, Austin, Texas 78711.
The repeal is proposed under §1702.061, Texas Occupations
Code which provides the Texas Commission on Private Security with the authority
"to adopt rules and general policies to guide the agency in the administration
of this chapter."
The following is the code that is affected by the proposed repeal: Chapter
1702, Texas Occupations Code.
§425.80.Written Examination.
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 December 21, 2001.
TRD-200108254
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 936-2088
22 TAC §426.1
The Texas Commission on Private Security proposes new §426.1,
concerning Written Examination.
Previously, the proposed repeal of §425.80 was published in the November
9, 2001, issue of the
Texas Register
(26 TexReg
8987). That version has been contemporaneously withdrawn elsewhere in this
issue of the
Texas Register
. The Texas Commission
on Private Security also has withdrawn from consideration the proposed amendment
to §425.80 which appeared in the July 27, 2001, issue of the
Texas Register
(26 TexReg 5569). The July 27th amendment to §425.80
should have been withdrawn previously, however it was inadvertently omitted.
The Texas Commission on Private Security inadvertently omitted proposed new §426.1,
concerning written examination from the November 9, issue of the
Texas Register
. The subject matter in the proposed repeal of §425.80
is the same subject matter in proposed new §426.1. In order to have the
subject matter currently in place as an existing rule, §425.80 has been
proposed for repeal and §426.1 has been proposed as a new rule elsewhere
in this issue of the
Texas Register
. New §426.1
will replace current §425.80 at the time of adoption.
The new section is being proposed to limit commissioned security officers
or personal protection officers to carry only a firearm of which they have
been formally trained and filed with the Commission.
Dr. Jerry L. McGlasson, Executive 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.
Dr. McGlasson has determined that for the first five years the rules are
in effect the 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. There will be no fiscal implications
for individuals who are required to comply with these rules, and are specifically
directed towards the conduct of licensees for the protection of the public
and consumers. There will be no fiscal implications for small businesses who
are required to comply with these rules.
Comments on the proposal may be submitted to Dr. Jerry L. McGlasson, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711.
The new section is proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by these rules: Texas Occupations
Code.
§426.1.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
applicant 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.
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 December 21, 2001.
TRD-200108255
Dr. Jerry L. McGlasson
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 936-2088
Chapter 661.
GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
22 TAC §661.45
The Texas Board of Professional Land Surveying proposes an
amendment to §661.45, concerning examinations. The purpose of this amendment
is to allow examination applicants to use data collectors during the examination.
Sandy Smith, executive director, has determined that for the first five-year
period the section 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 section is in effect the public benefit anticipated as a result of enforcing
the section will be allowing examination applicants to use data collectors
during the examination. There will be no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section 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.
§661.45.Examinations.
(a)
Registered professional land surveyor examinations shall
be written and so designed to aid the board in determining the applicant's
knowledge of surveying, mathematics, surveying laws, and his general fitness
to practice the profession as outlined in the Professional Land Surveying
Practices Act. The examinations will cover a two-day period and the applicant
will be notified at least 10 days in advance of the date, time, and place
of the examination. If an applicant fails to appear for two successive examinations,
the applicant's file will be closed and will not be reopened without the filing
of a new application and fee.
(b)
Calculators will be permitted to be used during any examination.
Any non-communicating, silent, handheld, battery operated, nonprinting calculator
will be permitted. Calculating and computing devices having a QWERTY keypad
arrangement similar to a typewriter or keyboard are not permitted. Such devices
include but are not limited to palmtop, laptop, handheld and desktop computers,
calculators, databanks, data collectors, and organizers. Calculators
/data collectors
with alphanumeric keypads are permitted. No communication
/imaging
device of any type will be permitted, including but not limited
to pagers and cellular phones.
(c)
An applicant repeating the examination will be required
to repeat only those portions of the examination on which the applicant made
less than a passing grade.
(d)
Licensed state land surveyors' examinations shall be written
and so designed to test the applicant's knowledge of the history, files, and
functions of the General Land Office, survey construction, legal aspects pertaining
to state interest in vacancies, excesses, and unpatented lands, and familiarity
with other state interests in surface and subsurface rights as covered by
existing law.
(e)
The licensed state land surveyor examination will be in
two four-hour sections and each part graded independently. If an applicant
fails either part, that applicant will be required to file an updated application
with fee and repeat the entire examination.
(f)
The contents of all examination materials are confidential.
Any registrant and/or applicant who takes an action with the intent to compromise
the confidentiality of the examination is subject to disciplinary sanction,
administrative penalties, or both. Each candidate will be required to sign
a statement that they will neither copy nor divulge any examination problem
or solution, and that any violation thereof will be sufficient grounds for
invalidating the candidate's examination. In assessing an appropriate penalty
or sanction, the Board may do any one or more of the following:
(1)
impose the penalties and sanctions set out in Texas Civil
Statutes, Article 5282c;
(2)
disqualifying the applicant from taking future examinations
for a period of three years;
(3)
disqualifying the applicant from taking future examinations
until the applicant successfully completes a Board-approved study of professional
ethics;
(4)
disqualify the applicant from further consideration for
certification or registration;
(5)
invalidate the candidate's examination.
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 December 21, 2001.
TRD-200108257
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Earliest possible date of adoption: February 3, 2002
For further information, please call: (512) 452-9427
Subchapter B. PROFESSIONAL AND TECHNICAL STANDARDS
Chapter 426.
GENERAL ADMINISTRATION AND EXAMINATION
Part 29.
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
Chapter 663.
STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCT