Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 425.
LICENSED COMPANIES
22 TAC §425.81
The Texas Commission on Private Security adopts an amendment
to §425.81 concerning Licensed Companies without changes to the proposed
text as published in the November 12, 1999 issue of the
Texas Register
(24 TexReg 9938).
This rule is being adopted to ensure that applicants for a license are
properly qualified and can demonstrate adequate knowledge of the statute and
commission rules.
This rule will limit the number of times a manager applicant may take the
managers examination within a twelve month period.
No comments were received regarding this section.
The amendment is adopted under 4413(29bb) V.A.C.S., §11.
(a)(3) 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 statute that is affected by these rules: Texas Civil
Statutes, Article 4413(29bb).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000102
Jay Kimbrough
Director
Texas Commission on Private Security
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-5545
22 TAC §430.1, §430.50
The Texas Commission on Private Security adopts amendments
to §430.1 and §430.50 concerning Commissioned Security Officers,
and Personal Protection Officers without changes to the proposed text as published
in the November 12, 1999 issue of the
Texas Register
(24 TexReg 9938).
The amendment to §430.1 is being adopted to establish and allow psychological
testing commensurate with the Minnesota Multiphasic Inventory. The amendment
to §430.50 is being adopted to simplify and clarify the requirements
for security guard uniforms.
The amendment to §430.1 is being adopted to allow an equivalent of
the Minnesota Multiphasic Personality Inventory test when applying for a personal
protection authorization. The amendment to §430.50 is being adopted to
clarify the requirements for security guard uniforms.
No comments were received regarding the amendments.
The amendments are adopted under 4413(29bb) V.A.C.S., §11.
(a)(3) 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 statute that is affected by these rules: Texas Civil
Statutes, Article 4413(29bb).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000103
Jay Kimbrough
Director
Texas Commission on Private Security
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-5545
22 TAC §430.22
The Texas Commission on Private Security adopts new §430.22
concerning Commissioned Security Officers, and Personal Protection Officers
with changes to the proposed text as published in the November 12, 1999, issue
of the
Texas Register
(24 TexReg 9939). Section
430.22 was amended to require a qualified manager and proof of insurance for
the issuance of a Letter of Authority. It is also amended to specify the dates
upon which all requirements must be met.
The new section is adopted to establish a means by which a private business
can comply with the statutory and legislative intent regarding the registration
and criminal history checking of its unarmed security personnel.
The new section is being adopted to define the requirements for a Private
Business Letter of Authority.
After the changes were proposed by the Commission, the floor was opened
for public testimony. At that time, one group came forward to endorse the
new section with the changes as recommended by the Commission.
Comments were received in favor of the new rule with these changes from
the Associated Security Services and Investigators of the State of Texas (A.S.S.I.S.T.).
The new section is adopted under 4413(29bb) V.A.C.S., §11.
(a)(3) 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 statute that is affected by these rules: Texas Civil
Statutes, Article 4413(29bb).
§430.22.Requirements for Issuance of a Private Business Letter of Authority.
(a)
The security department of a private business that protects
only the property of that private business may apply for and upon approval,
receive, a letter of authority for purposes of complying with §3(f) of
the Act.
(b)
A security department of a private business shall not provide
guard company services to a third party for contracted compensation.
(c)
A private business letter of authority shall:
(1)
be obtained by a private business entity that employs commissioned
or noncommissioned security officers to protect only its own property.
(2)
register any unarmed security officers who come into
contact with the public while protecting only the property of the private
business in compliance with the provisions of the Act and Commission Rules.
(3)
be issued a number with each private business letter
of authority approved by the Commission and this number shall be used on all
applications submitted to the Commission.
(4)
be valid for one year and shall be renewed upon receipt
of an acceptable renewal application.
(5)
be renewed during the calendar month preceding the
month of expiration.
(6)
qualify a manager who meets the requirements set forth
in §14 of the Act as they pertain to a security services contractor.
(7)
maintain on file with the Commission a certificate
of proof of insurance as prescribed in §40(a) of the Act.
(d)
Subsections (c)(6) and (c)(7) of this rule shall apply
to any original application for a Private Business Letter of Authority received
by the Commission on or after February 1, 2000.
(e)
Any Private Business Letter of Authority in effect prior
to February 1, 2000, shall comply with the provisions of subsections (c)(6)
and (c)(7) of this rule at least 90 days prior to the Private Business Letter
of Authority's next renewal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
7, 2000.
TRD-200000105
Jay Kimbrough
Director
Texas Commission on Private Security
Effective date: January 27, 2000
Proposal publication date: November 12, 1999
For further information, please call: (512) 463-5545
Chapter 430.
COMMISSIONED OFFICERS/PERSONAL PROTECTION OFFICERS
Chapter 446.
SCHOOLS/INSTRUCTORS/TRAINING