Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 35.
PRIVATE SECURITY
Subchapter D. SUMMARY SUSPENSION
37 TAC §35.52
The Texas Department of Public Safety proposes new §35.52
concerning Summary Action Following Convictions. Adoption of the new section
is necessary in order to clarify the Board's authority to act summarily when
notified of a conviction.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the new 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 new rule is in effect the public benefit anticipated as a result
of enforcing the new rule will be greater clarity and consistency in the Bureau's
procedures related to summary suspensions and denials. There are no anticipated
adverse economic costs to individuals, small businesses, or micro-businesses.
Written comments on the new section 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 new section is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; 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.
§35.52.Summary Action Following Convictions.
(a)
The provisions of §1702.364 of the Act, which empower
the Bureau to summarily deny applications or to summarily suspend licenses
or registrations based on arrests or pending charges, also apply to cases
in which the licensee, applicant, or registrant has been convicted. In cases
in which the Bureau discovers that a person has been convicted of a disqualifying
offense, and the Bureau has not yet sought to summarily suspend or deny based
on the underlying arrest, charge, or indictment, the Bureau may act summarily
based on the conviction, by denying or revoking the applications, registration
or license (as appropriate).
(b)
In cases in which the Bureau has summarily denied an application
or suspended a registration or license based on an arrest or a pending charge,
and the person is subsequently convicted, the application will remain denied,
or the registration or license will be revoked.
(c)
A hearing on a summary denial or revocation based on a
conviction shall be considered a "final" hearing under the provisions of §1702.364(e)
of the Act.
(d)
Provisions (b), (c) and (d) of §1702.3615 apply to
denials or revocations under §1702.364.
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 August 8, 2006.
TRD-200604082
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 24, 2006
For further information, please call: (512) 424-2135
37 TAC §35.76
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Public Safety or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of §35.76, concerning Investigations by Security Department of
Private Businesses.
Repeal of the section is necessary as the statutory provision on which
it was based, and which it was intended to clarify, has been repealed (subsection
(e) of §1702.323 of the Occupations Code).
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the repeal is in effect there will be no fiscal implications
for state or local governments or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the repeal is in effect the public benefit anticipated as a result
of enforcing the repeal will be greater consistency and simplicity in the
Board's rules. There are no anticipated adverse economic costs to individuals,
small businesses, or micro-businesses.
Written comments on the repeal 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 repeal 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.
§35.76.Investigations by Security Department of Private Businesses.
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 August 8, 2006.
TRD-200604084
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: September 24, 2006
For further information, please call: (512) 424-2135
Subchapter E. GENERAL ADMINISTRATION AND EXAMINATIONS
Subchapter F. ADMINISTRATIVE HEARINGS