Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Subchapter Q. TRAINING
The Texas Department of Public Safety proposes to amend §35.257, concerning Training Courses. Amendments to the section are necessary in order to eliminate the current requirement that all individuals regulated by the Private Security Board complete certain security officer training, by requiring such training only of security officers and personal protection officers.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government, or local economies.
Mr. Ybarra 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 greater efficiency and simplicity in the licensing procedures for certain regulated professions. There is no anticipated adverse economic effect on individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the department is not required to complete a takings impact assessment regarding this rule.
Written comments on the proposed amendment are requested and may be sent to Captain Leonard Hinojosa, Manager, Regulatory Licensing Service--Private Security Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; and Texas Occupations Code, §1702.061(b), which authorizes the department to adopt rules to administer this chapter.
Texas Government Code, §411.004(3) and Texas Occupations Code, §1702.061(b) are affected by this proposal.
§35.257.Training Courses.
(a)
Security and Personal Protection Officer
[
Guard
] Training Courses.
(1) In accordance with the Act, the following training
shall be required of
all
[
registrants and commissioned
]
security
and personal protection
officers
, as indicated
:
[
(A)
Level I - 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 I training shall be submitted to the board along with the application
to register the individual within 14 days after they commence employment.]
(A)
[
(B)
] Level
I and
II
Training
-
shall be completed by all applicants for a
[
All noncommissioned
] security
officer commission or for
registration as a noncommissioned
[
officers and commissioned
]
security
officer
[
officers
]. A certificate indicating
completion of Level
I and Level
II training shall be submitted
to the board within 14 days after
the commencement of
[
they
commence
] employment.
(B)
[
(C)
] Level III Training
- shall be completed by applicants for a security officer commission
and a personal protection officer authorization. A certificate indicating
completion of Level III Training shall be submitted to the board along
with the application to register the individual.
Applicants for
either a security officer commission or a personal protection officer
authorization who are full-time peace officers, certified by the Texas
Commission on Law Enforcement Officer Standards and Education, may
be exempted from the Level III training requirements upon submission
to the Bureau of a sworn affidavit attesting to the applicant's review
of, and familiarity with, Chapter 1702 of the Occupations Code and
the related administrative rules.
(2) Level I and Level II may be taught by the manager, the manager's designee or a board approved school and board approved instructor using the most current version of the respective Board Level I and Level II Training Course manuals.
(3) Level III and IV shall be taught by a board approved school and board approved instructor using the most current version of the respective Board Level III and IV manuals.
(4) Training manuals for Levels I, II, III, and IV will be prepared by bureau staff and other qualified individuals selected by the manager.
(5) The passing grade for all examinations shall be a minimum of 75% correct answers.
(b) Alarm Training Courses.
(1) In accordance with the Act, the following training shall be required of an alarm systems installer and a security salesperson:
(A) Alarm Level I - All individuals employed as an alarm systems installer or a security salesperson must hold a certification by a board approved training program to renew an initial registration. An original certificate indicating successful completion of an Alarm Level I training program shall be submitted to the board along with the proper application to renew an initial registration.
(B) The passing grade for all Alarm Level I examinations shall be a minimum of 70% correct answers.
(C) An Alarm Level I program shall be taught by a board approved alarm instructor.
(2) A board approved alarm instructor may teach board approved continuing education courses.
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 27, 2007.
TRD-200703255
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 9, 2007
For further information, please call: (512) 424-2135