Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 35.
PRIVATE SECURITY
Subchapter C. STANDARDS
37 TAC §35.36
The Texas Department of Public Safety proposes to amend §35.36,
concerning Consumer Information and Vehicle Signage. Amendment of the section
is necessary in order to clarify the rule by limiting the scope of the license
number signage requirement to those vehicles on which the company name is
displayed.
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 governments.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section will be the clarification of this rule and the resulting
display of license numbers on company vehicles will benefit the public by
providing greater assurance of licensure and by facilitating the filing of
complaints. There is no adverse economic impact anticipated for 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 proposal are requested and may be sent to Steve
Moninger, RLS Legal Staff, Department of Public Safety-Private Security Bureau,
P.O. Box 4087, MSC-0246, Austin, Texas 78773-0246, (512) 424-5842, (fax: (512)
424-7725).
The amendment is 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.
§35.36.Consumer Information and Vehicle Signage.
(a)
A licensee shall, either orally or in writing, notify all
consumers or recipients of services of the license number and the name, mailing
address, and telephone number of the Private Security Bureau for the purpose
of directing complaints.
(b)
If a licensee chooses to provide the notice required by
subsection (a) of this section in written form, the notification shall contain
their license number, the name, mailing address and telephone number of the
Bureau, in a type-face of the same size as that which appears in the document
as a whole, but in no case less than 10 point size.
(c)
A licensed company must display conspicuously in the principal
place of business and any branch office, a sign containing the name, mailing
address, and telephone number of the bureau, and a statement informing consumers
or recipients of services that complaints against licensees can be directed
to the bureau.
(d)
The company license number must be
displayed on any
vehicle on which the company name is displayed, and must be
in letters
and numbers at least one inch high and permanently affixed or magnetically
attached to each side of the vehicle in a color contrasting with the background
color.
[
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 January 26, 2007.
TRD-200700225
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 424-2135
37 TAC §35.204
The Texas Department of Public Safety proposes to amend §35.204,
concerning Pre-Employment Check. Amendment reformats the section in order
to add new subsections (b) and (c). The new subsections are necessary in order
to clarify the scope of the rule's requirement that an employer perform a
pre-employment check on all applicants for non-commissioned security guard
positions, and to require that employers keep records of this check.
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 governments.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section will be more efficient and effective enforcement of
the Private Security Act's requirement of pre-employment background checks
of non-commissioned security guards. There is no adverse economic impact anticipated
for 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 proposal are requested and may be sent to Steve
Moninger, RLS Legal Staff, Department of Public Safety-Private Security Bureau,
P.O. Box 4087, MSC-0246, Austin, Texas 78773-0246, (512) 424-5842, (fax: (512)
424-7725).
The amendment is 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.
§35.204.Pre-Employment Check.
(a)
The employer of a [
(b)
The employer of an applicant for a security
guard commission who wishes to allow the applicant to work as an unarmed guard
while the application is pending shall exercise due diligence in ensuring
that the applicant's qualifications meet the provisions of §1702.113
of the Act, prior to assigning the applicant to unarmed duty.
(c)
The employer must maintain records to document
the pre-employment check. The failure to maintain such records will constitute
prima facie proof of the failure to exercise the due diligence required by
this 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 January 26, 2007.
TRD-200700226
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 424-2135
37 TAC §35.291
The Texas Department of Public Safety proposes to amend §35.291,
concerning Mandatory Continuing Education Courses. Amendment of the section
is necessary in order to enhance the current continuing education requirements
for the private security industry.
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 governments.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section will be more effective training on the part of regulated
service providers. There is no adverse economic impact anticipated for 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 proposal are requested and may be sent to Steve
Moninger, RLS Legal Staff, Department of Public Safety-Private Security Bureau,
P.O. Box 4087, MSC-0246, Austin, Texas 78773-0246, (512) 424-5842, (fax: (512)
424-7725).
The amendment is 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.
§35.291.Mandatory Continuing Education Courses.
(a)
A license may not be renewed until the required minimum
hours of board approved continuing education credits have been obtained in
accordance with the Act and board rules. Proof of the required continuing
education must be maintained by the employer and contained in the personnel
file of the registrant's employing company.
(1)
All registrants not specifically addressed in this section
shall complete a total of eight (8) hours of continuing education, seven hours
of which must be in subject matter that relates to the type of registration
held, and one (1) hour of which must cover ethics.
Following the initial
registration period, Qualified Managers of Class B licensed companies may
take a one (1) hour course devoted to changes in laws and rules applicable
to the security industry, as a substitute for the above ethics requirement.
(2)
Non-participating owners, partners, shareholders, non-commissioned
security officers and administrative support personnel are specifically exempted
from the continuing education requirements.
(3)
Private investigators and managers of Class A and Class
C licenses with more than fifteen (15) years of continued registration as
a private investigator or manager of a Class A or Class C license shall complete
a total of twelve (12) hours of continuing education, eight (8) hours of which
must be in subject matter that relates to the type of registration held, two
(2) hours of which must be over ethics, and two (2) hours of which must involve
the review of Texas Occupations Code, Chapter 1702, and the Board's Administrative
Rules, Tex. Admin. Code, 37 TAC 35. Private Investigators and managers of
Class A and Class C licenses with less than fifteen (15) years of continued
registration as a private investigator or manager of a Class A or Class C
license shall complete a total of eighteen (18) hours of continuing education,
fourteen (14) of which must be in subject matter that relates to the type
of registration held, two (2) hours of which must be over ethics, and two
(2) hours of which must involve the review of Texas Occupations Code, Chapter
1702 and the Board's Administrative Rules, Tex. Admin. Code, 37 TAC 35.
(4)
Any person registered as a private investigator who fails
to complete the required continuing education during the twenty-four (24)
months of an initial registration is not eligible to make new or renewal application
until such time as the training requirement for the previous registration
period has been satisfied.
(5)
Commissioned security officers and personal protection
officers shall complete six (6) hours of continuing education. Continuing
education for commissioned security officers and personal protection officers
must be taught by schools and instructors approved by the board to instruct
commissioned security officers as defined in §1702.1685 of the Act. Commissioned
security officers shall submit a firearms proficiency certificate along with
their renewal application.
(6)
All registrants shall indicate they have completed the
required minimum hours of board-approved continuing education credits on their
application for renewal. A renewal application shall also include name of
school, school number, seminar number, seminar date, and credits earned.
[
(7)
[
(8)
For the protection of the installer and
the general public, the work of an alarm system installer who has not completed
the required sixteen (16) hours of instruction must be overseen by an installer
who has completed the required sixteen (16) hours of instruction. The oversight
required under this section need not involve direct, physical supervision,
but the overseeing installer is responsible for ensuring that the installation
complies with all applicable requirements and regulations.
(9)
Any person licensed as an alarm systems installer or alarm
systems salesperson who fails to complete 16 hours of training during the
24 months of initial licensure or who fails to complete 8 hours of continuing
education during any subsequent licensing period is not eligible to make new
or renewal application until such time as all training requirements for the
previous license period have been satisfied.
(10)
Alarm monitors shall complete four (4) hours of continuing
education in subject matter that relates to the duties and responsibilities
of an alarm monitor.
(11)
The manager or his designee shall approve classes for
continuing education that are determined to meet the qualifications of the
Act and board rules.
(12)
Any person licensed by the board as an alarm instructor
shall be authorized to instruct all alarm continuing education courses approved
by the board.
(13)
Any person licensed by the board as a Level III or Level
IV Instructor shall be authorized to instruct all continuing education courses
approved by the board excluding alarm continuing education.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
(b)
[
(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 §1702.168 of
the Act; and/or
(6)
any other course of instruction approved by the manager.
(c)
[
(d)
[
[
[
[
[
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 January 26, 2007.
TRD-200700227
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 424-2135
37 TAC §35.292
The Texas Department of Public Safety proposes new §35.292,
concerning Requirements for Continuing Education Courses. New §35.292
is necessary in order to specify the curriculum, instructor qualifications,
and record keeping requirements for continuing education courses.
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-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be more effective regulation of the continuing education
courses provided to the private security industry. There is no adverse economic
impact anticipated for small businesses, or micro-businesses. The anticipated
cost to individuals will be the $300 annual licensing fee for school directors
and the $100 annual licensing fee for instructors.
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.
Comments on the proposal may be submitted to Steve Moninger, RLS Legal
Staff, Department of Public Safety-Private Security Bureau, P.O. Box 4087,
MSC 0246, Austin, Texas 78773-0246, (512) 424-5842 (fax: (512) 424-7725).
The new section is 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; Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter;
and Texas Occupations Code, §1702.062, which authorizes the department
to establish reasonable and necessary fees to administer this chapter.
Texas Government Code, §411.004(3) and Texas Occupations Code, §1702.061(b)
and §1702.062 are affected by this proposal.
§35.292.Requirements for Continuing Education Courses.
(a)
All recognized continuing education schools shall be licensed
by the Bureau.
(b)
All continuing education schools shall comply with the
following:
(1)
Schools shall have a physical address within the state
of Texas. A U.S. post office box or private postal service box will not be
considered a physical address.
(2)
Schools shall have a school director who lives and maintains
an office in the state of Texas.
(3)
The school director shall maintain attendance records within
the state of Texas.
(4)
School attendance records shall include the following:
(A)
subjects taught in each course of instruction;
(B)
total hours of each course of instruction and the hours
instructed on each subject;
(C)
date of instruction;
(D)
name, license number, and date(s) of attendance for each
individual that attended a course of instruction.
(5)
Schools shall issue a certificate of attendance to each
individual attending a course of instruction. The certificate of attendance
shall contain the name and license number of the attendee, the date of attendance,
the number of hours of attendance, and the course(s) of instruction attended.
(6)
Schools shall teach all continuing education courses in
the state of Texas, unless the course has a Texas-licensed continuing education
school sponsor approved by the Bureau. A Texas school must make a written
request to sponsor an out of state course of instruction to the Bureau at
least sixty (60) days prior to the course presentation. The Texas school shall
maintain records of instructors, courses taught, number of hours presented,
and any Texas licensed or registered attendees of the sponsored school for
a period of five (5) years.
(c)
School directors of licensed continuing education schools
shall comply with the following:
(1)
The school director shall maintain all records of attendance
within the state of Texas.
(2)
The school director shall provide each attendee with a
certificate of attendance/completion upon completion of any course. Each certificate
shall be signed and dated by the school director.
(3)
The school director shall verify that each continuing education
course offered is in compliance with all administrative rules related to continuing
education courses.
(4)
The school director shall verify the qualifications of
each instructor and adjunct or assistant instructor. Verification records
shall be retained for five (5) years.
(5)
The school director shall provide copies of all school
records to the bureau upon request.
(6)
The school director shall pay an annual licensing fee of
$300.00.
(d)
Instructors of licensed continuing education schools shall
comply with the following:
(1)
The instructor shall pay an annual licensing fee of $100.00.
(2)
The instructor shall provide proof of qualifications/expertise
and a course outline for each course of instruction to the school director
sponsoring the course taught by the instructor.
(3)
Instructors may use adjunct or assistant instructor to
assist in presenting courses of instruction. The instructor shall provide
proof of the qualifications of any adjunct or assistant instructor to the
school director sponsoring the course. The instructor must be in attendance
with the adjunct or assistant instructor during the presentation.
(e)
Attendees of courses of continuing education shall maintain
certificates of completion furnished by the school director in their files
for a period of three (3) years. Attendees shall furnish the Bureau with copies
of all certificates of completion upon request.
(f)
The Bureau may recognize courses of instruction received
through any state-recognized university, college, or community college upon
proof of attendance and completion of the course with a passing grade.
(g)
Companies licensed by the Bureau with ten (10) or more
registered employees may make a written request for a letter of exemption
allowing them to provide continuing education to those employees registered
under the requesting company's license. Such requests shall be addressed to
the Bureau Manager. A letter of exemption granted under this section shall
be valid for two (2) years. To qualify for a letter of exemption, the company
must appoint a training director, assure that all training is in compliance
with all related administrative rules, maintain proof of all training, and
provide each employee with a certificate of training as required by this section.
There is no annual fee associated with a letter of exemption issued under
this subsection.
(h)
The Bureau shall inspect the continuing education records
of 10% of licensees and registrants annually to assure compliance with these
requirements and to maintain the integrity of the continuing education program.
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 January 26, 2007.
TRD-200700224
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: March 11, 2007
For further information, please call: (512) 424-2135
Chapter 81.
INTERACTION WITH THE PUBLIC
(e)
Vehicles operated by private investigators
or personal protection officers are exempt and vehicles operated for administrative
purposes are exempt.
]
Subchapter M. COMPANY RECORDS
commissioned security
officer or
] registrant shall exercise due diligence in ensuring that
an applicant's qualifications meet the provisions of §1702.113 of the
Act, prior to duty assignment.
Subchapter S. CONTINUING EDUCATION
(7)
Continuing education schools shall report
attendees of continuing education classes to board within thirty (30) days
of class completion. This report shall include the school number, instructor
number, date and location of school. In addition to the following information
for each participant: name, SSN and continuing education credit earned.
]
(8)
] During the first (1st)
twelve (12)
[
twenty-four (24)
] months of initial registration
each person employed as an alarm system installer or alarm systems salesperson
must complete sixteen (16) hours of classroom instruction, as described in
Chapter 1702, Texas Occupation Code
, with two (2) hours covering the
National Electrical Code (NEC) as it applies to low voltage
. Any person
employed as an alarm systems installer or alarm systems salesperson must obtain
eight (8) hours of continuing education credits in alarm related field
, with one (1) hour covering the National Electrical Code (NEC) as it applies
to low voltage,
during each subsequent twenty-four (24) month period
preceding the expiration date of registration in order to renew the registration.
(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; and
]
(E)
any information deemed necessary by the
manager.
]
(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
manager.
]
(c)
] To receive board approval,
a continuing education course shall contain instruction relating to one or
more of the following:
(d)
] To receive board approval,
a continuing education course shall contain at least one (1) clock hour of
instruction.
(e)
] The manager shall approve courses
for continuing education that are determined to meet the qualifications of
these rules and the Act.
(1)
Courses may be provided for and taught
by any organization or person that, in the manager's discretion, has the education,
knowledge and experience to provide such information.
]
(2)
A person wishing to conduct a continuing
education course must provide the manager a description of the contents of
the curriculum and the qualifications of any instructor.
]
(3)
The manager shall inform the person wishing
to conduct the course of the approval or disapproval within 10 working days
of receiving the request.
]
(4)
The manager may delegate this responsibility
to other employees of the board.
]
Part 3.
TEXAS YOUTH COMMISSION