37 TAC §35.39
The Texas Department of Public Safety proposes an amendment
to §35.39, concerning Private Security. Amendment to the section deletes
subsections (e) and (f) and reformats current subsection (g) as new (e). The
deletion of subsections (e) and (f) are necessary in order to eliminate a
portion of the rule which has created confusion for the public and law enforcement.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the public benefit anticipated as a result of
enforcing the rule will be to safeguard the public by eliminating a portion
of the rule which has created confusion for the public and law enforcement
as to whether or not a reserve law enforcement officer is acting as law enforcement
or private security. There may be some small economic cost to individuals,
small businesses, or micro-businesses for the purchase of company uniforms;
however, the department is unable to estimate these costs, if any.
Comments on the proposal may be submitted to Cliff Grumbles, Manager, Regulatory
Licensing Service, Private Security Bureau, P.O. Box 4143, MSC-0242, Austin,
Texas 78765-0242, (512) 424-7711.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work, and Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
Texas Government Code, §411.004(3) and Texas Occupations Code, §1702.061(b)
are affected by this proposal.
§35.39.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.]
(e)
[
(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.
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 24, 2005.
TRD-200502630
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 7, 2005
For further information, please call: (512) 424-2135