Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter D. PUBLIC INFORMATION POLICIES
37 TAC §1.52
The Texas Department of Public Safety proposes an amendment
to §1.52, concerning Release of Information in Criminal Investigations.
Amendment to the section is necessary due to a name change/reorganization
of a major division within the department and the reassignment of certain
duties.
Tom Haas, 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. Haas 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 current and updated rules. There is no anticipated
adverse economic effect on individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Tela Mange, Chief of Media
Relations, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas
78773-0170, (512) 424-2080.
The amendment is proposed pursuant to Texas Government Code, §411.004(3)
and §411.006(4), which provides the Public Safety Commission with the
authority to adopt rules necessary for carrying out the department's work.
The Director, subject to the approval of the Commission, shall have the authority
to adopt rules considered necessary for the control of the department.
Texas Government Code, §411.004(3) and §411.006(4) are affected
by this proposal.
§1.52.Release of Information in Criminal Investigations.
(a)
Subject to the limitations outlined as follows, department
employees may respond to news media inquiries about criminal investigations
in which the department is involved.
(b)
Release of information concerning criminal investigations
may be made only by the officers directly responsible for the investigation,
by the Public Information Office or
designated public information officer
on the scene
[
(c)
When an investigation is being conducted jointly with local
officers, releases will be coordinated with them so as to maintain proper
working relationships. Every effort should be made in such cases for releases
to be handled by the sheriff or chief of police, if he so desires.
(d)
Once an arrest has been made and primary responsibility
for a case has shifted to the prosecutor, news media inquiries should normally
be referred to the appropriate county or district attorney.
(e)
The names of offenders under age 17 should not normally
be released. Guidance should be sought from local juvenile authorities in
cases involving juvenile offenders.
(f)
The following information regarding criminal matters may
not be released by members of this department:
(1)
the prior criminal record, including arrests, indictments,
or other charges of crime, or the character or reputation of the accused,
except that the officer may make a factual statement of the accused's name,
age, residence, occupation, and family status, and if the accused has not
been apprehended, may release any information necessary to aid in his apprehension
or to warn the public of any dangers he may present. Nothing herein should
be construed as limiting the right of the news media to obtain and publish
conviction data from court or public records;
(2)
the existence or contents of any confession, admission,
or statement given by the accused, or the refusal or failure of the accused
to make any statement, except that the officer may announce without further
comment that the accused denies the charges made against him;
(3)
the details or results of any laboratory examinations of
evidence in the case, or the results or failure of the accused to submit to
any examination including polygraph. This prohibition does not apply to results
of blood alcohol concentration tests (breath, blood or urine) or to the accused's
failure to submit to such a test;
(4)
the identity, testimony, or credibility of prospective
witnesses, although the officer may announce the identity of the victim unless
the offense involved sexual contact;
(5)
the possibility of a plea of guilty to the offense charged
or a lesser offense;
(6)
any opinion as to the accused's guilt or innocence or as
to the merits of the case or the evidence in the case;
(7)
no member of this department shall deliberately pose a
person in custody for photographing or televising by representatives of the
news media. This does not limit the right of the news media to photograph
the person in custody, in a public place, and on their own initiative.
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 June 22, 2004.
TRD-200404098
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
The Texas Department of Public Safety (DPS) proposes the addition
of new Chapter 35, §§35.1, 35.11-35.14, 35.31-35.40, 35.51, 35.61-35.75,
35.91-35.96, 35.111-35.117, 35.131, 35.141- 35.146, 35.161-35.163, 35.171,
35.172, 35.181-35.186, 35.201- 35.205, 35.221, 35.222, 35.231-35.232, 35.241,
35.251-35.268, 35.281, 35.291, and 35.301 to Texas Administrative Code, Title
37, Part 1, and the simultaneous repeal of Title 22, Part 20 of the Texas
Administrative Code. The new sections promulgate the rules and regulations
of the Texas Private Security Board under the Texas Administrative Code part
that is dedicated to the Department of Public Safety. The new rules are proposed
in order to implement the transfer of administration of the Texas Private
Security Board to the DPS as provided by Tex. H.B. 28, 78th Leg., 3rd C.S.
(2003). The new rules also assess additional fees.
House Bill 28 provides that DPS shall administer the private security law
through the Texas Private Security Board. In order to assume administration
responsibilities, DPS is transferring the administrative regulations for private
security from the current location in Title 22 of the Texas Administrative
Code to the rules section of DPS contained in Title 37 of the Texas Administrative
Code. The new rules as proposed are substantially the same as the rules provided
in Title 22. However, the new rules substitute statutorily repealed terms
such as "Private Security Commission" with the new references to the "Private
Security Board." Other terms have also been changed to conform the rules to
the new law. Also, the new rules do not include redundant or obsolete provisions
that were contained in Title 22 but are also contained in other parts of DPS
regulations contained in Title 37. Examples of provisions that will not be
readopted are provisions for rulemaking and petitioning for rulemaking. Finally,
the new rules propose the adoption of certain fees in order to implement Texas
Online requirements as provided by other law as further explained below.
In the new chapter: Section 35.1, Definitions, provides definitions for
the new rules. Section 35.11, Fraudulent Application Prohibited, explains
that fraudulent applications are government documents and that a fraudulent
application is a criminal offense. Section 35.12, Permitting or Allowing Violations,
prohibits any person who has applied for or been issued a license, registration,
security officer commission, instructor approval, school approval, or letter
of authority, from knowingly permitting or allowing any person to violate
a provision of the Act, rule, or any criminal statute. Section 35.13, Return
of Equipment, provides for licensees to immediately surrender equipment owned
by the employer. Section 35.14, Good Standing, provides that no license registration,
security officer commission or school approval shall be issued or renewed
unless the licensee, registrant or commissioned security officer is in good
standing with the board, and explains what constitutes "good standing." Section
35.31, Complaint Limitation, provides for the limitation of complaints. The
board shall not accept a complaint against a licensee or an employee if the
complaint is filed more than two years after the alleged violation date, except
in matters that relate to conviction for a Class B offense or greater or a
material misstatement in an application. Section 35.32, Date of Licensing,
Certification or Acknowledgement, provides that if an application or written
notification is required, the date of licensing, certification, or acknowledgment
by the board will be either the receipt date or the date the complete application
or written notification is accepted for processing, whichever is later. Section
35.33, Certificate of Installation, provides an interpretation of "exterior
structure opening" and provides that any alarm system company may issue a
certificate of installation pursuant to 1702.065 Occupations Code. Section
35.34, Standards of Conduct, provides the required standards of conduct for
licensees under the rules and regulations. Includes a new requirement that
licensees shall not use the DPS seal to advertise or publicize a commercial
undertaking. Section 35.35, Standards of Service, explains the standards of
required service for a licensee. Section 35.36, Consumer Information, explains
the requirements for consumer information. Section 35.37, Information Shown
in Advertisements, identifies the information that must be included in licensee
advertisements. Section 35.38, Standards of Reports, explains that a client
is entitled to receive a written report of services furnished and explains
the requirements for that report. Section 35.39, Uniform Requirements, explains
the requirements for uniforms and related information. Section 35.40, Confidential
Information, explains that certain information held by a licensee, registrant
or commissioned security officer is confidential and explains the circumstances
of release and applicability. Section 35.51, Stay of Summary Suspension, explains
the procedure to obtain a stay of a summary suspension. Section 35.61, Written
Examination, provides that manager and supervisor applicants must pass a written
examination administered by the board as well as requirements for the examination.
Section 35.62, Reexamination Fee, provides for a reexamination fee. Section
35.63, Photographs, explains the requirements for photographs required by
the Act. Section 35.64, Fingerprint Cards, explains requirements for fingerprint
cards. Section 35.65, Assumed Name Requirements, explains the requirements
for doing business under an assumed name. Section 35.66, Verification of Corporations,
explains the requirements for applicant corporations. Section 35.67, Assignment
under Class, explains that 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; that there shall
be no refund when a Class C license is assigned to a Class A or Class B license;
and this fee is in addition to the regular assignment of a license fee. Section
35.68, Procedure for Termination of License or Branch Officer License, explains
termination procedures for certain licenses. Section 35.69, Assignment to
Spouse or Heirs, explains the procedure for a license to be transferred to
a spouse or heir. Section 35.70, Fees, explains certain requirements regarding
submission of fees to the board. Section 35.71, Operation without Manager,
explains that when a qualified manager or supervisor of a license has terminated
his position, and the board 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. The section also explains that
no license shall be operated without a manager for a period exceeding 60 days
after the date of the previous manager's termination. Section 35.72, Fingerprint
Submission, explains the requirements for applicants to submit fingerprint
information. Section 35.73, Change of Expiration Date of License, explains
the procedure for changing the expiration date of a license. Section 35.74,
Reapplication after Revocation, provides that an applicant who has had a license
or registration revoked by the board 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. Section 35.75, Private Security Consultant,
explains the requirements for registration as a Private Security Consultant.
Section 35.91, Administrative Hearing Procedures, explains that hearings and
appeal procedures related to all administrative hearings conducted by the
board are governed by Government Code, Chapter 2001. Section 35.92, Service
of Notice in Non-Rulemaking Proceedings, explains the service procedure for
non-rulemaking proceedings. Section 35.93, Penalty Range, explains that the
board shall develop, utilize, and publish guidelines for administrative penalties
and ranges of violations of the Act and these rules. Section 35.94, Default
Judgments, provides that in cases brought before SOAH in the event that the
respondent is adjudged to be in violation of the Private Security Act or these
rules, the board has the authority to assess, in addition to the penalty imposed,
costs of the administrative hearing. Section 35.95, Trial on the Merits, provides
that in cases brought before SOAH, in the event that the respondent is adjudicated
to be in violation of the Private Security Act or these rules after a trial
on the merits, the board has authority to assess in addition to the penalty
imposed, the actual costs of the administrative hearing and explains what
constitutes "costs". Section 35.96, Appeal, provides that the costs of transcribing
the testimony and preparing the record for an appeal by judicial review shall
be paid by the respondent. Section 35.111, Escort License Required, explains
certain requirements for uniformed escort duty. The new rule also clarifies
that certain funeral escort services are not covered by this subchapter. Section
35.112, Approved Uniforms, provides that the uniform, badge and shoulder patch
worn by an escort service shall be approved by the board during the application
process and that no uniform, badge, or shoulder-patch other that those approved
by the board shall be worn. Section 35.113, Insurance, explains insurance
policy requirements. Section 35.114, Driver License Required, explains the
requirement for uniformed employees to hold a driver license. Section 35.115,
Restrictions on Lights, explains restrictions on use of emergency lights.
Section 35.116, Arrest for Conviction of Driving While Intoxicated, provides
that any applicant or registrant may not be assigned to or be employed by
a motorcycle escort service if that individual has been convicted of Driving
While Intoxicated (DWI) during the five years preceding licensure or application
to become licensed and also provides that any registrant or licensee who is
arrested for DWI shall be subject to immediate summary suspension. Section
35.117, Police Officers May Furnish Escorts, provides that the rules do not
prohibit regularly employed officers of the state or any political subdivision
of the state from furnishing uniformed motorcycle escort services. Section
35.131, Welfare Requirements, explains regulatory requirements for guard dog
companies. Section 35.141, Requirements for Issuance of a Security Officer
Commission by the Board, explains minimum training and color photograph requirements
for issuance of a security officer commission. Section 35.142, Application
for a Security Officer Commission, explains the application requirements for
a security officer commission. Section 35.143, Drug Testing Required for Commissioned
Security Officers, provides details regarding the drug testing requirement
for commissioned security officers. Section 35.144, Violations by Commissioned
Security Officers, identifies specific prohibitions for commissioned security
officers. Section 35.145, Carrying of a Security Officer Commission, explains
the requirements for carrying a commission. Section 35.146, Renewal of Security
Officer Commission, provides that the renewal period for security officer
commissions shall be the calendar month prior to the expiration of the security
officer commission. Section 35.161, Requirements for Issuance of a Personal
Protection Authorization, explains application and requirements for issuance
and transfer of a personal protection authorization. Section 35.162, Requirements
for Personal Protection Officer Employer, identifies requirements for personal
protection officer employers. Section 35.163, Violations of the Act by Personal
Protection Officers, identifies specific prohibited conduct. Section 35.171,
Requirements for Issuance of a Private Business of Authority, explains the
procedure for the security department of a private business to obtain and
hold a letter of authority. Section 35.172, Requirements for Issuance of a
Governmental Letter of Authority, explains the procedure for a government
entity to obtain and hold a letter of authority. Section 35.181, Employment
Requirements, explains additional requirements for a licensee and the licensee's
employer. Section 35.182, Fingerprints, provides additional detail regarding
the submission of fingerprints by an applicant. Section 35.183, Exhibit Pocket
Card, explains the requirement to carry and present a registration pocket
card. Section 35.184, Licensed Company Responsible for the Registration of
Employees, explains that it shall be the responsibility of the licensed company
to register all employees required to register under the Act, with the board.
Section 35.185, Registration Deadline, provides that any person required to
be registered with the board must have their application on file with the
board within 14 days after commencing employment. Failure to comply may, at
the discretion of the manager, result in denial of the application. Section
35.186, Registration Applications, explains registration application requirements.
Section 35.201, Employee Records, provides that licensed companies shall keep
records of all registered or commissioned employees. Section 35.202, Location
of Records, explains where records shall be maintained. Section 35.203, Records
to be Available for Inspection, provides that all records required to be kept
under the provisions of the Act and these rules shall be made available for
inspection by bureau staff during normal business hours. Section 35.204, Pre-
Employment Check, provides that an employer of a commissioned officer shall
exercise due diligence in ensuring that an applicant's qualifications meet
the provisions of §1702.113 of the Act, prior to duty assignment. Section
35.205, Records Required on Commissioned Security Officers, explains that
the employer of a commissioned security officer shall maintain current records
on all persons issued a security officer commission for board inspection and
explains what those records shall contain. Section 35.221, General Reciprocity,
explains procedures and requirements for general reciprocal licensing. Section
35.222, Limited Reciprocity, provides for a limited reciprocal agreement with
another state in certain circumstances. Section 35.231, Subscription Fees,
provides for the payment of certain fees. Section 35.232, Subscription Fees
for Original Applications, provides for the payment of certain fees. Section
35.241, Business Evaluation Service, provides that Chapter 1703 does not apply
to certain services. Section 235.251, Application for a Training School Approval,
identifies requirements for application for a training school approval. Section
35.252, Attendance, Progress, and Completion Records Required, identifies
standards for training schools. Section 35.253, Board Refusal of Certificate
of Completion, identifies circumstances where the board may refuse to issue
a certificate of completion. Section 35.254, Withdrawal of Training School
Approval, provides that the board may withdraw approval of a training school
upon evidence the school has operated in violation of the Act or the rules.
Section 35.255, Notification of Denial or Withdrawal of a Letter of Approval,
provides for issuance of notification of a denial of approval for a training
school. Section 35.256, Application for a Training Instructor Letter of Approval,
provides details regarding the application for a training instructor letter
of approval. Section 35.257, Training Courses, provides details regarding
required training. Section 35.258, Firearm Courses, provides details regarding
required firearm training qualification. Section 35.259, Shotgun Training,
provides details regarding satisfactory completion of shotgun training requirements.
Section 35.260, Shotgun Training Requirements, provides the standards for
the course of fire for shotgun training. Section 35.261, Training School and
Instructor Approval, provides that approval as a security officer training
school and/or instructor shall be considered a license with respect to suspension,
revocation or denial. Section 35.262, Security Officer Training Manual and
Examination, provides details regarding training and testing. Section 35.263,
Alarm Installer and Alarm Systems Salesperson Training and Testing/Application
for Alarm Training Program Approval, explains the application process for
alarm installation and related approvals. Section 35.264, Attendance, Progress
and Completion Records Required, provides detail regarding the requirements
for a board approved alarm training program. Section 35.265, Alarm Systems
Installer or Alarm Systems Salesperson, provides details regarding issuance
of a certificate of completion to an alarm system salesperson. Section 35.266,
Records Required on Manager, provides details regarding requirements for each
board approved alarm training program. Section 35.267, Statutory or Rules
Violations, provides that a certificate of completion for an alarm training
program may be denied, withdrawn, suspended, or revoked. Section 35.268, Certificate
of Completion, identifies requirements for a certificate of completion. Section
35.281, Training, provides details regarding the courses of instruction for
and the instructor approvals. Section 35.291, Continuing Education Courses,
provides details regarding continuing education. Section 35.301, Manager,
provides explanation regarding the board's determinations regarding delegated
authority for the manager.
The new sections are necessary as a result of the passage of Tex. H.B.
28, 78th Leg., 3rd C.S. (2003), which provides that the Department of Public
Safety shall administer the Act through the Private Security Board, and Tex.
H.B.1, 78th Leg., R.S. (2003), art. IX, §11.20 which authorizes assessment
of additional Texas Online Authority fees.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect, there will not be an additional
estimated cost to the state as a result of enforcing or administering the
rules. There is no additional estimated cost to local government as a result
of enforcing or administering the rules. There are no estimated reductions
in cost to the state and to local governments as a result of enforcing or
administering the rules.
Mr. Haas also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rules will be the administration of the Private Security
Board rules and regulations. Further, the benefit to the state will also include
the new assessment for the Texas Online authority.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro-businesses for the rules that have been repealed from Title 22 and
proposed as new rules to Title 37 of the Texas Administrative Code and readopted.
The costs of compliance for small businesses, micro-businesses and large businesses
are the same.
However, there is an economic cost of compliance for new §35.231 and §35.232.
The economic cost of compliance for the new sections is the actual cost of
the online assessment as stated in the rule. The costs of compliance for small
businesses, micro-businesses and large businesses are the same.
The proposed rules will not affect private real property. The proposed
rules do not fall within the definition of a major environmental rule.
Comments on the proposal may be submitted to Cliff Grumbles, Texas Department
of Public Safety, Regulatory Licensing Service, P.O. Box 4087, Austin, Texas
78773-0240 (512) 424-7711. Written comments will be accepted regarding these
proposed rules for 30 days after the date of publication.
Subchapter A. DEFINITIONS
37 TAC §35.1
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art. VIII, Section 4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.1.Definitions.
The following words or terms, when used in this chapter, shall have
the following meaning, unless the context clearly indicates otherwise:
(1)
Client--Any person, individual, firm, association, company,
partnership, corporation, nonprofit organization, institution, or similar
entity, having a contract which authorizes services to be provided in return
for financial or other considerations.
(2)
Conflict 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)
Board--Means the members appointed by the Governor of Texas
to serve as the governing body of the Texas Private Security Board or the
staff serving the administration/enforcement needs of that entity.
(4)
Contract--An agreement between a person or company licensed
under this Act and a client. Such contracts may be oral or written, or in
any combination thereof.
(5)
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 judgment, community supervision, or pre-trial diversion.
(6)
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.
(7)
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 commissioned by or with the
Texas Private Security Board.
(8)
Act--Title 10, Chapter 1702, Texas Occupations Code as
amended by the Texas Legislature.
(9)
Manager--Means the manager of the Texas Private Security
Bureau.
(10)
Shareholder--Means 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 hold stock in the
licensee solely for the purposes of investment.
(11)
Advertising--Means the direct solicitation for business
which requires a license under the provisions of this Act and involving more
than a mere listing of a licensee's name, address and telephone number.
(12)
Undercover Agent--A person as defined under §1702.240
of the Act, requiring protected identity, during the course and scope of a
specific, ongoing, investigation.
(13)
State--means the State of Texas or any political subdivision
thereof.
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 June 22, 2004.
TRD-200404099
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.11 - 35.14
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.11.Fraudulent Application Prohibited.
Applications submitted to the board 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.
§35.12.Permitting or Allowing Violations.
Any person who has applied for or been issued a license, registration,
security officer commission, instructor approval, school approval, or letter
of authority, shall not knowingly permit or allow any person to violate a
provision of the Act, rule, or any criminal statute.
§35.13.Return of Equipment.
Licensees, registrants or commissioned security officers shall surrender
immediately on demand or not later than the seventh day after termination
of employment, any uniform, badge or other item of equipment owned by the
employer or provided by the employer issued to the licensee, registrant or
commissioned security officer by an employer.
§35.14.Good Standing.
No license, registration, security officer commission or school approval
shall be issued or renewed unless the licensee, registrant or commissioned
security officer is in good standing with the board. Good standing includes,
but is not limited to, compliance with Chapter 1702, Texas Occupations Code
and these rules, no default on a student loan with the Texas Guaranteed Student
Loan Corporation, a good standing of account status with the Comptroller of
Public Accounts, and the payment in full of all administrative penalties assessed
against the licensee, registrant, school or commissioned security officer.
The manager has the discretion to waive the payment in full of all administrative
penalties requirement for license renewal.
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 June 22, 2004.
TRD-200404100
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.31 - 35.40
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.31.Complaint Limitation.
The board shall not accept a complaint against a licensee or an employee
if the complaint is filed more than two years after the alleged violation
date, except in matters that relate to conviction for a Class B offense or
greater or a material misstatement in an application.
§35.32.Date of Licensing, Certification or Acknowledgement.
If an application or written notification is required, the date of
licensing, certification, or acknowledgment by the board will be either the
receipt date or the date the complete application or written notification
is accepted for processing, whichever is later.
§35.33.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 §1702.065 of the Texas Occupations Code.
§35.34.Standards of Conduct.
(a)
Licensees shall carry out fully any contract for services
entered into with a client except for reasons deemed to be unlawful.
(b)
Licensed companies may use the phrase "Licensed by the
Texas Private Security Board" 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 board. No licensee shall use the State Seal of Texas or the
seal of the Department of Public Safety 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 board. 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 board 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 category with which they have been formally
trained and of which training documentation is on file with the board. Firearm
categories will be shown on the individual's registration card and will be:
(1)
SA: any handgun, whether semi-automatic or not,
(2)
NSA: handguns that are not semi-automatic,
(3)
STG: any shotgun.
(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 board. 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 manager
of the bureau at (512) 424-7728. 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
board if a Letter of Summary Suspension or Letter of Summary Denial has been
forwarded in accordance with the Act and these 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 board.
(k)
All licensees, if arrested, charged, or indicted for a
criminal offense above the level of Class C misdemeanor shall within 72 hours
notify their employer, who shall then notify the board by fax at 512-424-7729
or in writing at the Austin office of the board within 72 hours of notification
by licensee, 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 board 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
or greater offense as provided in the Texas Penal Code, Alcoholic Beverage
Code, or Health and Safety Code.
(n)
When an employee of a licensee is terminated for any conduct
as described in §1702.361 of the Act, the licensee shall notify the board
of such conduct within 14 days of termination. The notification shall be mailed
to the board, to the attention of the Criminal Investigation division. The
notification shall include but not be limited to:
(1)
a completed board complaint form (form#022); and
(2)
any and all documents or evidence concerning the alleged
offense.
§35.35.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 board within seven days after entering into a contract for services
regulated by the board 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 outsourcing those services; and
(3)
if any of the services are sub-contracted or outsourced
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.
§35.36.Consumer Information.
(a)
A licensee shall notify consumers or recipients of services
of the name, mailing address, and telephone number of the bureau on each written
contract for services.
(b)
A licensed company must display prominently 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.
(c)
Signs required to be displayed in the place of business
of a licensed company shall be obtained from the bureau.
§35.37.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 board; and
(2)
the license number of the licensee as issued by the board.
§35.38.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.
§35.39.Uniform Requirements.
(a)
Each commissioned security officer shall, at a minimum,
display on the outermost garment the name of the company under whom the commissioned
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 by a reasonable
person under normal conditions.
(c)
Each noncommissioned security officer shall display in
the outermost garment in style, shape design and type which is visible by
a reasonable person under normal conditions identification which contains:
(1)
either the name or board-approved logo of the company under
whom the security officer is employed, or the name or the board-approved logo
of the business entity with whom the employing company had contracted;
(2)
the last name of the security officer; and
(3)
the word "Security."
(d)
No licensee shall display a badge, shoulder patch, logo
or any other identification which contains the words "Law Enforcement" and/or
similar word(s) including, but not limited to: agent, enforcement agent, detective,
task force, fugitive recovery agent or any other combination of names which
gives the impression that the bearer is in any way connected with the federal
government, state government or any political subdivision of a state government.
(e)
A reserve law enforcement officer who has made application
for or who has been issued a registration as a non-commissioned security officer
or has been issued a security officer commission by the Texas Private Security
Board under a licensed security services contractor or a letter of authority
may wear the official uniform of that agency while working private security
only when:
(1)
the chief administrator of the appointing law enforcement
agency has the authority to appoint reserve peace officers and a reserve peace
officer license has been issued by the Texas Commission on Law Enforcement
Officer Standards and Education;
(2)
the reserve law enforcement officer has written permission
to wear the official uniform of the appointing law enforcement agency;
(3)
the written authorization must be signed and dated by the
chief administrator of the appointing law enforcement agency and shall be
maintained for inspection by the Texas Private Security Board at the principal
place of business or branch office of the licensed security service contractor
or letter of authority;
(4)
the reserve is wearing the official uniform of the appointing
agency that clearly identifies that agency and is not wearing a generic peace
officer uniform;
(5)
the reserve peace officer meets the definition of the Internal
Revenue Service as an employee of the licensed security service contractor
or letter of authority;
(6)
the licensed security services contractor or letter of
authority has not accepted any monies or remuneration to allow the reserve
peace officer to work under the license of the security services contractor
or letter of authority;
(7)
the reserve peace officer has not terminated employment
with the appointing agency; and
(8)
the reserve peace officer has not been summary suspended
or summary denied or revoked by the Texas Private Security Board.
(f)
A reserve law enforcement officer, while working as a noncommissioned
security officer or commissioned security officer for a licensed security
services contractor (guard company), private business letter of authority,
or governmental letter of authority, shall at all times carry on their person
the noncommissioned security officer registration pocket card or security
commissioned pocket card issued by the Texas Private Security Board and their
official appointing agency's identification; and shall present the same upon
request to any individual or law enforcement officer requesting them to identify
themselves.
(g)
A regular peace officer who maintains full-time employment,
and meets the requirements of §1702.322 of the Act, may wear the uniform
of the licensed security services contractor (guard company), private business
letter of authority, or governmental letter of authority or the official police
officer uniform of their appointing law enforcement agency while working private
security in Texas.
§35.40.Confidential Information.
(a)
Information that is contained in reports or records held
by a licensee, registrant or commissioned security officer that concerns the
location of an alarm system, the name of the occupant of an alarm system location,
or the type of alarm system or any information pursuant to business activities
regulated under Chapter 1702, Texas Occupations Code, is confidential and
shall only be disclosed to the board, a law enforcement agency or as otherwise
required by state law or court order.
(b)
This section does not apply to and does not require or
authorize the licensee, registrant or commissioned security officer to give
a client notice of:
(1)
a demand or inquiry from a municipal, state or federal
government agency authorized by law to conduct an examination of certain records;
(2)
a record request from a municipal, state, or federal government
agency instrumentally under statutory or administrative authority that provides
for, or is accompanied by, a specific mechanism for discovery and protection
of a client record;
(3)
a record request from or report to a governmental agency
arising out of the investigation or prosecution of a criminal offense;
(4)
a record request by a duly appointed receiver of the client;
(5)
an investigative demand or inquiry from a state legislative
investigative committee; or
(6)
an investigative demand or inquiry from the attorney general
of this state as authorized by law other than the procedural law governing
discovery in civil cases.
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 June 22, 2004.
TRD-200404101
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.51
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.51.Stay of Summary Suspension.
(a)
Within three (3) working days after receipt of notice of
a summary suspension for a Class B misdemeanor or equivalent offense only,
an individual may request a stay of summary suspension by submitting a written
request to the manager by mail or by fax at 512-424-7728.
(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, board 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; and
(7)
any additional information requested by the manager.
(c)
Upon receiving a written request for a stay of summary
suspension, the manager may, at his discretion, consider the request under
the following conditions:
(1)
the Class B misdemeanor offense does not involve violence,
theft or fraud, as outlined in Board Policy 2001-01;
(2)
circumstances of the individual's arrest; and
(3)
any other information as may be required by the manager.
(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 manager within two working days after the request is received by the
manager.
(e)
No stay of summary suspension shall be effective until
and unless the requesting party has received written confirmation of the stay
from the manager.
(f)
No stay of summary suspension shall remain in effect beyond
the date of the next called meeting of the board following the request for
a stay at which time the board members will consider the disposition of the
matter. No continuance shall be granted.
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 June 22, 2004.
TRD-200404102
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.61 - 35.75
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.61.Written Examination.
(a)
All manager or supervisor applicants shall pass a written
examination administered by the board.
(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 these 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.
(f)
The time limit for examination will be determined at the
discretion of the manager.
§35.62.Reexamination 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.
§35.63.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 six months prior to the issuance of the card and be 1" x
1 1/4" in size.
§35.64.Fingerprint Cards.
(a)
All fingerprint cards required by the Act shall be fingerprint
cards approved by and obtained from the board. Except as provided for in §35.20
of this chapter (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 manager in writing for a waiver, which
the manager may grant under conditions deemed appropriate.
§35.65.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.
§35.66.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.
§35.67.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.
§35.68.Procedure for Termination of License or Branch Office License.
(a)
An owner or qualified manager shall:
(1)
submit a written request to the board to terminate the
license; and
(2)
not be required to pay a fee to terminate a license.
(b)
Once terminated, a license shall not be reinstated.
§35.69.Assignment to Spouse or Heirs.
The board 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 board;
(2)
a certified copy of the Will, Order Admitting Will to Probate,
Letters of Testament, or Order of Heirship is filed with the board; and
(3)
in the case of the death of a qualified manager, that a
replacement manager is qualified within 90 days.
§35.70.Fees.
(a)
The fees submitted to the board shall be the same as provided
in §1702.062 of the Texas Occupations Code unless otherwise specified
in Article V of the General Appropriations Act in accordance with §316.043
of the Texas Government Code, whether for an original application, renewal,
reciprocal or provisional license, registration or security officer commission.
(b)
Fees collected by the board are not refundable or transferable.
(c)
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.
(d)
Original fees shall not be prorated. The full license fee
shall accompany all applications for original license.
§35.71.Operation without Manager.
When a qualified manager or supervisor of a license has terminated
his position, and the board 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.
§35.72.Fingerprint Submission.
All applicants for any license, registration, security officer commission,
permit or approval issued by the board shall submit two sets of classifiable
fingerprints on fingerprint cards obtained from the board along with any required
fees to the board for the purpose of a criminal history check.
(1)
One set of classifiable fingerprints shall be submitted
to the Texas Department of Public Safety Crime Records Service.
(2)
One set of classifiable fingerprints shall be submitted
to the Federal Bureau of Investigation.
§35.73.Change of Expiration Date of License.
A licensee desiring to change the expiration date of his license may
make such a request to the board during the renewal period as defined in §1702.302
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.
§35.74.Reapplication after Revocation.
An applicant who has had a license or registration revoked by the board
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.
§35.75.Private Security Consultant.
(a)
Effective September 1, 2001, any applicant for private
security consultant or any person renewing their registration as a private
security consultant shall meet all requirements under subsection (b) of this
rule.
(b)
In addition to compliance with all other applicable board
rules, a private security consultant shall:
(1)
meet all requirements under §§1702.110, 1702.113,
1702.117, and 1702.124 of the Act as appropriate;
(2)
not have engaged in conduct that is grounds for disciplinary
action under §1702.361(b) of the Act; and
(3)
provide to the manager or his designee, proof that prior
to the date of application, the applicant had two years of lawful experience
in the security services field. The experience shall be determined by the
manager, or his designee, to be adequate to qualify the applicant to engage
in the business of a private security consultant.
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 June 22, 2004.
TRD-200404103
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.91 - 35.96
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.91.Administrative Hearing Procedures.
Hearings and appeal procedures related to all administrative hearings
conducted by the board are governed by Government Code, Chapter 2001.
§35.92.Service of Notice in Non-Rulemaking Proceedings.
(a)
Chapter 2001 of the Texas Government Code, Chapter 1702
of the Texas Occupations Code, and these rules govern notice of any summary
suspension, summary denial, imposition of penalty, preliminary hearing, pre-hearing
conference, hearing before the board, notice of a contested case hearing before
the State Office of Administrative Hearings (SOAH) or orders of the board.
(b)
All licensees, letters of authority, schools, permit holders,
letters of approval, letters of authorization, branch office licenses, or
similar entity including any applicants for any of the above shall at all
times maintain on file with the board their current mailing and principal
place of business address. Notification to the board shall be made in writing
and received in the Austin office of the board within 14 days of the date
of the change of address.
(c)
All registrants, commissioned security officers, alarm
response runners, alarm salespersons, security officers, or any applicants
for any of the above shall at all times maintain on file with the board their
current residence address. Notification to the board shall be made in writing
and received in the Austin office of the board within 14 days of the date
of the change of address.
(d)
The board may serve the notice of any summary suspension,
summary denial, preliminary hearing, pre-hearing conference, hearing before
the board, notice of a contested case hearing before SOAH or orders of the
board, by mailing the notice by certified or registered mail to the last known
address on file with the board at the time of the notice of those persons
shown in subsection (b), by mailing the notice by certified or registered
mail to the last known residence address on file with the board of those persons
listed in subsection (c), or otherwise delivering the notice to such person.
Additionally, the board will mail a copy of the notice of hearing by regular
mail to any person that was mailed a notice by certified or registered mail.
Service by mail is complete upon deposit of the document enclosed in a postage
paid, properly addressed envelope in a U.S. Post Office or official depository
under the care and control of the U.S. Postal Service.
§35.93.Penalty Range.
The board shall develop, utilize, and publish guidelines for administrative
penalties and ranges of violations of the Act and these rules.
§35.94.Default Judgments.
In cases brought before SOAH, in the event that the respondent is adjudged
to be in violation of the Private Security Act or these rules, the board has
the authority to assess, in addition to the penalty imposed, costs of the
administrative hearing.
§35.95.Trial on the Merits.
In cases brought before SOAH, in the event that the respondent is adjudicated
to be in violation of the Private Security Act or these rules after a trial
on the merits, the board has authority to assess, in addition to the penalty
imposed, the actual costs of the administrative hearing. Such costs include,
but are not limited to, investigative costs, witness fees, deposition expenses,
travel expenses of witnesses, costs of adjudication before SOAH and any other
costs that are necessary for the preparation of the board's case including
the costs of any transcriptions of testimony.
§35.96.Appeal.
The costs of transcribing the testimony and preparing the record for
an appeal by judicial review shall be paid by the respondent.
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 June 22, 2004.
TRD-200404104
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.111 - 35.117
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.111.Escort License Required.
All guard companies, as defined by Title 10, Chapter 1702 Subchapter
G, §1702.161, Texas Occupations Code, shall register any employee who
wears a uniform commonly associated with private security or law enforcement
prior to assigning employee to any uniformed escort duty. Pursuant to Attorney
General Opinion No. GA-008(2003), this subchapter does not apply to a uniformed
motorcycle escort service that performs only traffic control functions and
traffic safety functions in connection with escorting a funeral procession
or other motorcade.
§35.112.Approved Uniforms.
The uniform, badge and shoulder patch worn by an escort service shall
be approved by the board during the application process. No uniform, badge,
or shoulder-patch other that those approved by the board shall be worn.
§35.113.Insurance.
An insurance policy in the amount specified by Chapter 1702 of the
Act shall remain in effect for the term of any license. A copy of proof on
the approved board form shall be on file with the board prior to the issuance
of a license.
§35.114.Driver License Required.
All uniformed employees shall have a valid Class M Driver License as
described in Subchapter D §521.084 of the Texas Transportation Code.
§35.115.Restrictions on Lights.
All uniformed motorcycle escorts shall comply with §547.305(c),
Texas Transportation Code, and may not operate a motor vehicle equipped with
a red, white or blue beacon, flashing, or alternating light unless the operator
is a peace officer commissioned by the Texas Commission on Law Enforcement
Officers Standards and Education (TCLEOSE).
§35.116.Arrest for Conviction of Driving While Intoxicated.
Any applicant or registrant may not be assigned to or be employed by
a motorcycle escort service if that individual has been convicted of Driving
While Intoxicated (DWI) during the five years preceding licensure or application
to become licensed. Any registrant or licensee who is arrested for DWI shall
be subject to immediate summary suspension.
§35.117.Police Officers May Furnish Escorts.
Nothing in this rule shall be construed to prohibit regularly employed
officers of the state or any political subdivision of the state from furnishing
uniformed motorcycle escort services when assigned by their respective departments
or when providing a service in compliance with §1702.322 of the Act.
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 June 22, 2004.
TRD-200404105
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.131
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.131.Welfare Requirements.
Each guard dog company and investigations company using dogs to conduct
investigations licensed by the board 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 interval 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, including 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; and
(F)
veterinarian's signature and license number.
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 June 22, 2004.
TRD-200404106
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.141 - 35.146
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.141.Requirements for Issuance of a Security Officer Commission by the Board.
(a)
An applicant shall have successfully completed a board
approved 30-hour training program and be awarded a certificate of completion
from a board approved security officer training school.
(b)
The licensed company shall submit and maintain on file
with the board 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.
§35.142.Application for a Security Officer Commission.
(a)
A completed security officer commission application shall
be submitted on the most current version of the form provided by the bureau.
The application shall include:
(1)
the required fee;
(2)
at least two sets of fingerprints on fingerprint cards
obtained from the board and the $25.00 FBI Fingerprint Check Fee;
(3)
a copy of the applicant's Level I and Level II certificate
of completion; and
(4)
a copy of the certificate of completion provided to the
applicant from a board approved Level III training school;
(5)
Texas Driver License and or Texas Identification Certificate
issued by the Texas Department of Public Safety.
(6)
Applicants who are not United States citizens shall submit
a copy of their current alien registration card.
(b)
Incomplete applications cannot be processed and will be
returned for clarification or missing information.
(c)
The employer shall affix one recent color photograph to
the pocket card when received from the board. The photograph shall be 1" x
1 1/4".
§35.143.Drug Testing Required for Commissioned Security Officers.
(a)
At least 15% of a licensee's commissioned security officers
at the main office and branch offices must submit to a commercially available
means of drug screening, or be examined by a licensed physician each quarter
and be declared in writing to show no trace of drug dependency or illegal
drug use.
(b)
Any drug test performed under subsection (a) of this section
shall include tests for at least methamphetamine, THC and other cannibinoids,
cocaine, opiates and amphetamines.
(c)
No licensee shall place on duty any commissioned security
officer who tests positive for any drug(s) or substance(s) until a successive
test indicates no trace of the drug(s) or substance(s) for which the tests
are performed.
§35.144.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 board records;
(2)
carry a pocket card to which the security officer has failed
to affix his signature and photograph to the card issued by the board;
(3)
fail to timely surrender his card upon written notice served
by the board;
(4)
possess or use any security officer commission which has
been altered; or
(5)
deface or allow improper use of his security officer commission.
§35.145.Carrying of a Security Officer Commission.
A private security officer who has been issued a security officer commission
by the board shall carry it while on duty and going to and from the place
of assignment and shall present it upon request by a peace officer or to an
investigator employed by the board.
§35.146.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.
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 June 22, 2004.
TRD-200404107
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.161 - 35.163
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.161.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 board;
(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 successfully completed
the Personal Protection Officer Course taught by a board approved personal
protection officer instructor; and
(5)
submit proof of completion of the Minnesota Multiphasic
Personality Inventory test or equivalent (proof of completion of the Minnesota
Multiphasic Personality Inventory test shall be on the form of the board 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 the personal protection
officer:
(1)
has transferred his security officer commission to the
new employer; and
(2)
submits the appropriate form and transfer fee to the board's
Austin office within 14 days of the transfer of employment to the new employer.
§35.162.Requirements for Personal Protection Officer Employer.
Personal protection officer employers shall:
(1)
issue the personal protection officer authorization pocket
card issued by the board to the Personal Protection Officer when received
from the board and affix a color photograph to the pocket card;
(2)
maintain on file for board inspection, contracts for Personal
Protection Officer Services;
(3)
maintain current records on all persons issued a personal
protection authorization on file for board inspection including the current
residence of the personal protection officer and the personal protection officer's
name, address and telephone number; and
(4)
upon receipt of a subpoena, provide the name of the client
being protected and contract information; and the hours and dates of duty
assignment.
§35.163.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 board records;
(2)
fail to affix his or her signature and color photograph
to the personal protection officer pocket card issued by the board;
(3)
fail to timely surrender the personal protection officer
pocket card upon written notice served by the board 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 these 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 made by a peace officer
or investigator employed by 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 June 22, 2004.
TRD-200404108
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.171, §35.172
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.171.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 §1702.223
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 these rules;
(3)
be issued a number with each private business letter of
authority approved by the board and this number shall be used on all applications
submitted to the board;
(4)
be valid for one year and shall be renewed upon receipt
of a board approved renewal application and the renewal fee;
(5)
be renewed during the calendar month preceding the month
of expiration;
(6)
qualify a manager who meets the requirements set forth
in §1702.113 and §1702.117 of the Act as they pertain to a security
services contractor; and
(7)
maintain on file with the board a certificate of proof
of insurance as prescribed in §1702.124 of the Act.
(d)
Holders of a letter of authority shall be subject to all
rules established under the Act unless specifically exempted by the director.
§35.172.Requirements for Issuance of a Governmental Letter of Authority.
(a)
A governmental letter of authority shall be:
(1)
obtained by a governmental entity that employs commissioned
security officers;
(2)
issued a number with each governmental letter of authority
approved by the board and this number shall be used on all applications submitted
to the board;
(3)
valid for one year and may be renewed upon receipt of an
acceptable renewal application; and
(4)
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 board, unless specifically exempted by the manager, and
subject to review by the board at the next regular meetings.
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 June 22, 2004.
TRD-200404109
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.181 - 35.186
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.181.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" or "contract laborer."
(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.
(c)
In the public interest and to ensure the good conduct of
applicants for a registration or a security officer commission, they shall
meet the requirements of §1702.113 of the Act.
(d)
No licensee shall place on duty any employee who tests
positive for any drug(s) or substance(s) until a successive test indicates
no trace of the drug(s) or substance(s) for which the tests are performed,
unless such medication is being taken under the direction of a licensed physician.
§35.182.Fingerprints.
(a)
An applicant for a registration, security officer commission
or license under the provisions of this Act whose registration or board license
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 §35.61 of this chapter (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.
§35.183.Exhibit Pocket Card.
Any 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 from a peace officer or to an investigator employed by the board.
§35.184.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 board.
§35.185.Registration Deadline.
Any person required to be registered with the board must have their
application on file with the board within 14 days after commencing employment.
Failure to comply may, at the discretion of the manager, result in denial
of the application.
§35.186.Registration Applications.
A completed registration application shall be submitted on the most
current version of the form provided by the board. The application shall include:
(1)
the required fee;
(2)
at least two sets of fingerprints on cards obtained from
the board and the $25.00 FBI fingerprint fee;
(3)
a copy of the applicant's Level I and Level II certificate
of completion;
(4)
a copy of the applicant's Texas Driver License or their
identification certificate issued by the Department of Public Safety; and
(5)
applicants who are not United States citizens shall include
a copy of their alien registration 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 June 22, 2004.
TRD-200404110
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.201 - 35.205
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.201.Employee Records.
Licensed companies shall keep records of all registered or commissioned
employees. Records shall be maintained for a period of two years from the
last date of employment. The following records shall be maintained:
(1)
full name of employee, date of employment, position and
address;
(2)
Social Security Number;
(3)
last date of employment;
(4)
date and place of birth;
(5)
one color photograph; and
(6)
the results of any drug screens for commissioned security
officers.
§35.202.Location of Records.
(a)
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; or
(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.
(b)
A company shall notify the board of any centralization
of records when a branch is closed or if records from area branch offices
are centralized.
§35.203.Records to be Available for Inspection.
All records required to be kept under the provisions of the Act and
these rules shall be made available for inspection by bureau staff during
normal business hours.
§35.204.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 §1702.113 of the Act, prior to duty assignment.
§35.205.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 board inspection.
The records shall contain:
(1)
current residence of the security officer;
(2)
current duty assignment and location of assignment;
(3)
results of any drug screens administered; and
(4)
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 June 22, 2004.
TRD-200404111
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.221, §35.222
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.221.General Reciprocity.
(a)
The board 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 these rules.
(b)
The board 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 board shall design an application form to be used by
applicants for 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 Private Security Board;
(7)
the payment of all applicable fees;
(8)
any and all items or documents required under the provisions
of the Act or these 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.
(d)
An agreement to enter a reciprocal agreement with another
state shall be approved by the Governor of Texas.
§35.222.Limited Reciprocity.
(a)
The manager may enter into a limited reciprocal agreement
with another state in compliance with Title 10, Chapter 1702.1183 of the Act
permitting private investigators to enter Texas for limited periods of time.
(b)
All limited reciprocal agreements will be for completion
of contracts executed in the state where the investigator is licensed and
in good standing.
(c)
The governing board of each state/party to the agreement
shall, through the signature of the department director, approve any agreement
made under this provision.
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 June 22, 2004.
TRD-200404112
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.231, §35.232
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, § 4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.231.Subscription Fees for Renewals.
Each licensee, registrant or commissioned security officer shall pay
the following fee for occupational license renewal: $3.00 for renewals from
$20 to $25; $5.00 for renewals from $50 to $100; $8.00 fee for a $250.00 renewal;
a $10.00 fee for a $300.00 renewal; a $10.00 fee for a $440.00 renewal; a
$5.00 fee for a $100.00 renewal; and a $5.00 fee for a $55.00 renewal. This
fee is in addition to the renewal fee.
§35.232.Subscription Fees for Original Applications.
Each license applicant, registrant or application for a security officer
commission shall pay the following fee upon application. For an application
of $250.00 an $8.00 fee; for an application of $300.00 a $10.00 fee; for an
application of $440.00 a $10.00 fee; for a $55.00 application a $5.00 fee;
for a $25.00 application a $3.00 fee; for a $20.00 application a $3.00 fee;
for a $50.00 application a $5.00 fee; for a $100.00 application a $10.00 fee.
This fee is in addition to the application fee.
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 June 22, 2004.
TRD-200404113
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.241
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.241.Business Evaluation Service.
(a)
The board has determined that Chapter 1702 of the Act does
not apply to a person who poses or acts anonymously as a customer or client
of a business or governmental entity or is in the business of providing the
services of another for the purpose of evaluating the following operations
or services of the business or governmental entity:
(1)
a service or product provided to a customer or client;
(2)
compliance with policies and operational procedures;
(3)
the appearance, cleanliness, efficiency, and other operations
of the office, facility, or physical plant;
(4)
the friendliness, courtesy, or appearance of an employee;
(5)
the necessity or effectiveness of a training program or
employee reward or other incentive program;
(6)
the quality, availability, or price of goods or services;
and
(7)
other operations or customer services of the business or
governmental entity the evaluation of which is not otherwise prohibited by
this chapter.
(b)
A person described by subsection (a) of this section is
entitled to the exemption under the subsection only if the person:
(1)
uses an evaluation tool prescribed or approved by the business
or governmental entity seeking the evaluation;
(2)
does not engage in the investigation or observation of
an employee or agent to determine whether the employee or agent has committed
a crime; and
(3)
the information obtained is not intended to be used by
the business or governmental entity as the sole basis for the discipline or
discharge of an employee or agent.
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 June 22, 2004.
TRD-200404114
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §§35.251 - 35.268
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.251.Application for a Training School Approval.
(a)
An application for training school approval shall be on
a form prescribed by the board to show proof that the applicant has:
(1)
developed an adequate training course or is using the board's
most current version 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.
(c)
An entity having a private business letter of authority
or a governmental letter of authority may seek approval for a training school
approval by meeting requirements of §§35.81, 35.55, or 35.56 of
this chapter where applicable. A training school approval granted under this
section shall be limited to training employees of the letter of authority
only.
§35.252.Attendance, Progress, and Completion Records Required.
(a)
A board approved training school shall have a qualified
manager who shall comply with the requirements of the Act and these rules.
The manager shall:
(1)
issue an original certificate of completion to each qualifying
student, within seven days after the student qualifies;
(2)
maintain adequate records to show attendance, progress,
and grades of students and maintain on file a copy of each certificate issued
to students at the board approved training school; and
(3)
make all required records available to investigators employed
by the board for inspection during reasonable business hours.
(b)
Upon renewal, any board 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.
§35.253.Board Refusal of Certificate of Completion.
The board may refuse to accept a certificate of completion from a training
school upon receipt of evidence of violation of the Act or these rules involving
an owner, officer, partner, shareholder, qualified manager or instructor.
§35.254.Withdrawal of Training School Approval.
The board may withdraw approval of a training school upon evidence
the school has operated in violation of the Act or these rules.
§35.255.Notification of Denial or Withdrawal of a Letter of Approval.
The board, upon review and consideration of an application for training
school approval, shall set forth in writing the reasons for denial or withdrawal
of approval.
§35.256.Application for a Training Instructor Letter of Approval.
An application for approval as an instructor shall contain evidence
of qualification as required by the board. 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 board 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; and
(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 Law Enforcement
Activities Division of the National Rifle Association (NRA);
(B)
an instructor's certificate issued by TCLEOSE; and
(C)
a firearm instructor's certificate issued by a federal,
state or political subdivision law enforcement agency approved by the manager.
(3)
A letter of approval from the board 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 board and payment of the renewal fee.
(4)
The board 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 these 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 these rules as amended.
§35.257.Training Courses.
(a)
Guard Training Courses.
(1)
In accordance with the Act, the following training shall
be required of registrants and commissioned security officers:
(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.
(B)
Level II - All noncommissioned security officers and commissioned
security officers. A certificate indicating completion of Level II training
shall be submitted to the board within 14 days after they commence employment.
(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.
(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.
§35.258.Firearm Courses.
(a)
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;
(3)
the Texas Department of Public Safety Approved Concealed
Handgun Weapons Range Qualifications course; or
(4)
other training as may be approved by the manager.
(b)
All individuals qualifying with a firearm to satisfy the
requirements of the Act or Board rules shall qualify with an actual demonstration
by the individual of their ability to safely and proficiently use the category
of firearm for which the individual seeks qualification.
(c)
The categories of handguns are:
(1)
SA: any handgun, whether semi-automatic or not; and
(2)
NSA: handguns that are not semi-automatic.
(d)
The category for any shotgun is STG.
§35.259.Shotgun Training.
Competency with a shotgun shall be determined by the firearms training
instructor after instructing the student in the operation of a shotgun, and
the satisfactory completion of the Shotgun Training requirements of §35.260
of this chapter (relating to Shotgun Training Requirements).
§35.260.Shotgun Training Requirements.
(a)
Any commissioned security officer licensed by the board
who, in the performance of his/her duties, has a shotgun available to assist
in the protection of life or property must demonstrate competency by successfully
completing the course of fire for shotgun training. The course of fire shall
consist of nine rounds of nine (9) pellet "00" buckshot fired as follows:
(1)
from a standing position at a distance of fifteen (15)
yards, three (3) rounds of "00" buckshot in twelve (12) seconds;
(2)
from a standing position at a distance of ten (10) yards,
three (3) rounds of "00" buckshot in ten (10) seconds;
(3)
from a standing position at a distance of five (5) yards,
three (3) rounds of "00" buckshot in ten (10) seconds; or
(4)
an alternate course of fire may be approved by the director
upon receipt of written application.
(b)
A biennial familiarization of six (6) rounds of "00" buckshot
shall be required for renewal of a security officer commission.
(1)
The course of fire shall be as outlined in subsection (a)
of this section reducing the number of rounds from three (3) to two (2) with
a commensurate halving of time in each category.
(2)
The manager may approve an alternate course of fire upon
receipt of written application.
§35.261.Training School and Instructor Approval.
Approval as a security officer training school and/or instructor shall
be considered a license with respect to suspension, revocation or denial.
§35.262.Security Officer Training Manual and Examination.
(a)
The board's most current version training manual shall
be used by all board approved Level III training schools.
(b)
All students of a Level III training school shall be tested
with the most current version examination prepared by and obtained from the
board.
(c)
The passing grade of all examinations shall be a minimum
of 75% correct answers.
§35.263.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 board.
(b)
A letter of approval shall be granted by the manager 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)
In addition to meeting the requirement of §1702.113
of the Act, a qualified manager for an alarm training program and a qualified
alarm training instructor must have successfully completed a board approved
program in alarm installation. Approval by the board of alarm training program
directors and qualified alarm training instructors shall be valid for one
year.
§35.264.Attendance, Progress and Completion Records Required.
(a)
A board 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 bureau staff during business hours.
(b)
Qualified alarm training program instructors shall maintain
records on file for inspection by bureau staff during business hours as proof
of attendance and progress of grades of students.
§35.265.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 Private Security Board."
§35.266.Records Required on Manager.
(a)
Each board approved alarm training program shall:
(1)
have a qualified manager, and they shall comply with the
requirements of §1702.113 of the Act.
(2)
register any owners, officers, partners, shareholders,
and qualify a manager, and they shall meet the requirements under §1702.113
of the Act.
(b)
Each owner, officer, partner or shareholder and qualified
manager of a board approved alarm training program shall, within 14 days after
commencement of employment, submit an application to the board, the appropriate
fees, and two sets of board approved fingerprint cards.
(c)
A board approved alarm training program shall register
its owners, officers, partners, shareholders and qualified manager prior to
renewal of the training program.
§35.267.Statutory or Rules Violations.
(a)
The board may refuse to accept a certificate of completion
from an alarm training program upon receipt of proof of violation of the Act
or these rules involving an owner, officer, partner, shareholder, manager,
or alarm training program instructor.
(b)
The board 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
these rules.
§35.268.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;
(5)
full name and social security number of student;
(6)
the date of final completion of the entire course; and
(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 III.
(c)
The certificate of completion for firearms qualification
shall:
(1)
note the category of firearm as defined in §35.260
(2)(A) and (B) and §35.258 (c) and (d) of this title (relating to Shotgun
Training Requirements and Firearm Courses);
(2)
note the caliber of firearm; and
(3)
be on a certificate form designed or approved by 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 June 22, 2004.
TRD-200404115
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
37 TAC §35.281
The new sections 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; Texas Occupations
Code, §1702.005, which provides that the department shall administer
Chapter 1702 through the Texas Private Security Board; Texas Occupations Code, §1702.061,
which provides for the adoption of rules and general policies; Texas Occupations
Code, §1702.062, which provides that reasonable and necessary fees may
be established by rule to produce sufficient revenue to administer the chapter;
and Tex. H.B. 1, 78th Leg., R.S. (2003), art VIII, §4 and art. IX, §11.20.
Texas Government Code, §411.004(3), Texas Occupations Code, §§1702.005,
1702.061, and 1702.062, and Tex. H.B. 1, 78th Leg., R.S. (2003), art. IX, §11.20
are affected by this proposal.
§35.281.Training - Personal Protection Officers.
(a)
The personal protection officer course may only be offered
by board approved commissioned personal protection officer training schools
and taught by board 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 board approval,
a school or instructor must submit an application to the board on a form provided
by the board. Any person applying for approval as an instructor shall submit
proof of qualification as required by the board. 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 board
approved training course for Personal Protection Officer Instructors.
(A)
a letter of approval from the board 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 board and payment of the renewal fee.
(B)
a letter of approval for a personal protection officer
instructor shall be considered a license with respect to suspension, revocation
or denial.
(C)
notice shall be given in writing to the board within 14
days after a change in address of the approved instructor.
(b)
Level IV 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 board approved personal
protection officer training schools and taught by board approved personal
protection training instructors. All training shall be conducted with board
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 board. Board official Personal Protection Officer
Training Video Tapes shall be obtained from the board and used as the curriculum.
(c)
Personal Protection Officer Training Manual, Examination.
(1)
The board's current version of the Personal Protection
Officer Training Manual shall be used by all board approved personal protection
officer schools and instructors as their curriculum and shall be obtained
from the board.
(2)
All students of a Personal Protection Officer Training
Course shall be tested with the current version of an examination prepared
by and obtained from the board.
(3)
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.
(d)
Certificate of Completion - Personal Protection Officer
Training.
(1)
The certificate of completion shall contain the:
(A)
name and approval number of the school;
(B)
name and signature of the school director;
(C)
name, signature and approval number of the personal protection
training instructor;
(D)
date of completion;
(E)
full name and social security number of the student; and
(F)
complete address of the location where the training was
conducted.
(2)
Certificates of completion shall be issued by a board approved
training school.
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 June 22, 2004.
TRD-200404116
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 424-2135
Safety Education Service
] after consultation
with the
lead
investigating officers[
, or by other members
of the department who have been provided information for release by the investigating
officers
]. Employees not involved as outlined in this subsection will
refer all news media inquiries to the appropriate personnel.
Chapter 35.
PRIVATE SECURITY
Subchapter B. PROHIBITIONS
Subchapter C. STANDARDS
Subchapter D. SUMMARY SUSPENSION
Subchapter E. GENERAL ADMINISTRATION AND EXAMINATIONS
Subchapter F. ADMINISTRATIVE HEARINGS
Subchapter G. UNIFORMED MOTORCYCLE ESCORT SERVICE
Subchapter H. GUARD DOGS
Subchapter I. COMMISSIONED SECURITY OFFICERS
Subchapter J. PERSONAL PROTECTION OFFICERS
Subchapter K. LETTERS OF AUTHORITY
Subchapter L. GENERAL REGISTRATION REQUIREMENTS
Subchapter M. COMPANY RECORDS
Subchapter N. RECIPROCITY
Subchapter O. FEES
Subchapter P. BUSINESS EVALUATION SERVICE
Subchapter Q. TRAINING
Subchapter R. PERSONAL PROTECTION OFFICERS TRAINING
Subchapter S. CONTINUING EDUCATION