Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 35.
PRIVATE SECURITY
Subchapter A. DEFINITIONS
37 TAC §35.1
The Texas Department of Public Safety proposes amendments
to §35.1, concerning Definitions. The amendments to the section are necessary
in order to clarify various issues of statutory application and construction.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the amendments are 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 amendments are in effect the anticipated public benefit resulting
from adoption of the amended section will be greater clarity in the meaning
of the statute and the standards by which the Bureau enforces the statute.
There may be a minimal economic cost to some licensees resulting from the
amendments. There is no anticipated adverse economic effect on small businesses
or micro-businesses.
Written comments on the proposed amendments are requested and may be sent
to Cliff Grumbles, Manager, Regulatory Licensing Service-Private Security
Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments 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; and Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
The proposed amendments affect Texas Government Code, §411.004(3)
and Texas Occupations Code, §1702.061.
§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) - (4)
(No change.)
(5)
Conviction--Any final adjudication of guilt, whether pursuant
to a plea of guilty or nolo contendre, or
pronouncement of guilt by judge
or jury
[
(6) - (8)
(No change.)
[(9)
Manager--Means the manager of the Texas
Private Security Bureau.]
(9)
[
(10)
Advertisement--For purposes of §35.37
of this title (relating to Information Shown in Advertisements), an advertisement
is any printed, digital, or electronic media created or used for the purpose
of promoting the regulated business of the licensee.
[(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.]
(11)
[
(12)
[
(13)
Maintenance of supervisory position on
a daily basis--For purposes of §1702.120, Texas Occupations Code, this
phrase requires that the manager have continuous oversight of no more than
three (3) companies and two (2) schools, the supervised individuals, or their
intermediate level supervisors, in a manner sufficient to ensure that all
supervised individuals are complying with these rules and with the Act.
(14)
Employment, Business Activity--These
terms, or similar terms or phrases used in the Act or in these rules, are
not limited in their meaning to "for profit" enterprises or to work performed
for remuneration, but include any provision of services regulated by the Bureau,
such as services provided on a volunteer or unpaid basis.
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 28, 2006.
TRD-200603484
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
37 TAC §35.34
The Texas Department of Public Safety proposes amendments
to §35.34, concerning Standards of Conduct. The amendments to the section
are necessary in order to encourage cooperation with the department's investigators
and to provide guidelines for appropriate conduct on the part of licensees.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the amendments are in effect there will be minimal
fiscal implications for state or local governments. There will be no fiscal
implications for local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the amendments are in effect the anticipated public benefit resulting
from adoption of the amended section will be more efficient investigation
of complaints and a higher standard of behavior on the part of licensees.
There may be negligible economic cost to the licensees resulting from the
amendments. There is no anticipated adverse economic effect on small businesses
or micro-businesses.
Written comments on the proposed amendments are requested and may be sent
to Cliff Grumbles, Manager, Regulatory Licensing Service-Private Security
Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments 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; and Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
The proposed amendments affect Texas Government Code, §411.004(3)
and Texas Occupations Code, §1702.061.
§35.34.Standards of Conduct.
(a) - (c)
(No change.)
(d)
Licensees
shall cooperate fully with any investigation
conducted by the Bureau, including but not limited to, providing employee
records upon reasonable request by the Bureau or its investigators, and shall
comply with any subpoena issued by the Bureau pursuant to §1702.367
[
(e) - (l)
(No change.)
(m)
No licensee shall engage in conduct while
that would
constitute a Class C misdemeanor or higher offense under any Texas statute,
nor engage or threaten to engage in any act of violence, aggression, destruction
of property, or lewd, lascivious, obscene or otherwise offensive behavior,
arising from or in any way related to the performance of one's duties or one's
employment under the Act, or at any time while wearing a uniform associated
with one's employment under the Act or while otherwise representing oneself
as acting within the scope of one's duties or employment under the Act
[
(n)
(No change.)
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 28, 2006.
TRD-200603485
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
37 TAC §35.36
The Texas Department of Public Safety proposes amendments
to §35.36, concerning Consumer Information. Amendments to the section
are necessary in order to enhance the requirements related to the provision
of consumer complaint information. In addition, the title of the section is
being amended.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the rule is in effect there will be no fiscal implications
for state or local governments, or local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the section will be improved provision of information regarding
the procedure for filing complaints, and greater assistance available to the
public with regard to filing complaints. There may be some minimal economic
cost to some licensees resulting from this amendment. There is no anticipated
adverse economic effect on small businesses or micro-businesses.
Written comments on the proposed amendment are requested and may be sent
to Cliff Grumbles, Manager, Regulatory Licensing Service-Private Security
Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments 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; and Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
The proposed amendments affect Texas Government Code, §411.004(3)
and Texas Occupations Code, §1702.061.
§35.36.Consumer Information and Vehicle Signage .
(a)
A licensee shall
, either orally or in writing,
notify
all
consumers or recipients of services of
the license number and
the name, mailing address, and telephone number of the
Private
Security Bureau for the purpose of directing complaints
[
(b)
If a licensee chooses to provide the notice
required by subsection (a) of this section in written form, the notification
shall contain their license number, the name, mailing address and telephone
number of the Bureau, in a type-face of the same size as that which appears
in the document as a whole, but in no case less than 10 point size.
(c)
[
(d)
The company license number must be in letters
and numbers at least one inch high and permanently affixed or magnetically
attached to each side of the vehicle in a color contrasting with the background
color.
(e)
Vehicles operated by private investigators
or personal protection officers are exempt and vehicles operated for administrative
purposes are exempt.
[
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 28, 2006.
TRD-200603483
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
37 TAC §35.41
The Texas Department of Public Safety proposes new §35.41,
concerning Company Names. The new section will provide guidelines to staff
and the public regarding appropriate names for licensed companies, consistent
with the statutory prohibitions against representation of a relationship with
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 minimal fiscal
implications for state government or local governments. There will be no fiscal
implications for local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the rule is in effect the anticipated public benefit resulting from
adoption of the new section will be less confusion on the part of the public
concerning licensees' purported affiliations with law enforcement agencies.
There may be some economic costs to the licensees resulting from the adoption
of this new section. There is no anticipated adverse economic effect on small
businesses or micro-businesses.
Written comments on the proposed amendment are requested and may be sent
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.
The proposed new rule affects Texas Government Code, §411.004(3) and
Texas Occupations Code, §1702.061.
§35.41.Company Names.
No entity regulated by Chapter 1702 may use a name that contains the
phrase "law enforcement," or substantially similar terms; or any other terms,
name or combination of names, or a name for which the acronym is intended
to or could reasonably give the impression that the entity is in any way associated
with a governmental body or agency, or a branch or political subdivision of
any government.
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 28, 2006.
TRD-200603482
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
37 TAC §35.91
The Texas Department of Public Safety proposes amendments
to §35.91, concerning Administrative Hearing Procedures. The amendments
to the section are necessary in order to clarify the application of the Administrative
Procedure Act to the hearings procedures provided in Chapter 1702 of the Occupations
Code.
Oscar Ybarra, Chief of Finance, has determined that for each year of the
first five-year period the amendments are in effect there will be minimal
fiscal implications for state and local government. There will be no implications
for local economies.
Mr. Ybarra also has determined that for each year of the first five-year
period the amendments are in effect the anticipated public benefit resulting
from adoption of the amended section will be less confusion concerning the
application of the Administrative Procedures Act to the hearings conducted
pursuant to Chapter 1702 of the Occupations Code. There is no anticipated
economic cost to individuals. There is no anticipated adverse economic effect
on small businesses or micro-businesses.
Written comments on the proposed amendments are requested and may be sent
to Cliff Grumbles, Manager, Regulatory Licensing Service-Private Security
Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments 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 and Texas Transportation Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
The proposed amendments affect Texas Government Code, §411.004(3)
and Texas Occupations Code, §1702.061.
§35.91.Administrative Hearing Procedures.
With the exception of preliminary hearings conducted pursuant
to §1702.0364 (Summary Suspensions or Denials), all hearings
[
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 28, 2006.
TRD-200603486
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
37 TAC §35.231
The Texas Department of Public Safety proposes amendments
to §35.231, concerning Fees. Amendments to the section are necessary
in order to adjust the fees required for renewal applications.
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 minimal fiscal
implications for state government. There will be no fiscal implications for
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 anticipated public benefit resulting from
adoption of the amendment will be greater access to licensing information
and processing through internet technology. There will be a minor economic
cost to the licensees resulting from this amendment. These fees are authorized
and required by Texas Government Code, §2054.252(e) and (g). There is
no anticipated adverse economic effect on small businesses or micro-businesses.
Written comments on the proposed amendment are requested and may be sent
to Cliff Grumbles, Manager, Regulatory Licensing Service-Private Security
Bureau, P.O. Box 4143, MSC-0242, Austin, Texas 78765-0242, (512) 424-7711.
The amendments 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; and Texas Occupations Code, §1702.061(b),
which authorizes the department to adopt rules to administer this chapter.
The proposed amendments affect Texas Government Code, §411.004(3)
and Texas Occupations Code, §1702.061.
§35.231.Subscription Fees for Renewals.
(a)
Each individual licensee, registrant or commissioned security
officer shall pay the following fee for occupational license renewal: $3.00
for a
$30.00
[
(b)
Each company licensee shall pay the following fee for occupational
license renewal:
$7.00 for a $225.00 renewal; $11.00
[
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 28, 2006.
TRD-200603481
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: August 13, 2006
For further information, please call: (512) 424-2135
otherwise
], and any [
deferred or
] suspended
sentence
,
[
or
] judgment,
or
community supervision,
including those judgments of community supervision that have been dismissed
or convictions that have been set aside
[
or pre- trial diversion
].
(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.
(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.
Subchapter C. STANDARDS
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
].
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
].
bureau
on each written contract for services
].
(b)
] A licensed company must display
conspicuously
[
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.
]
Subchapter F. ADMINISTRATIVE HEARINGS
Hearings
] and appeal procedures related to all administrative hearings
conducted by the
Board
[
board
] are governed by
Texas
Government Code, Chapter 2001.
Subchapter O. FEES
$20.00 to $25.00
] renewal and $5.00 for
renewals from $50.00 to $100.00. This fee is in addition to the renewal fee.
$8.00
] for a
$300.00 to $350.00
[
$250.00
] renewal;
$12.00
[
$9.00
] for a
$400.00
[
$300.00
]
renewal; and
$16.00
[
$13.00
] for a $540.00 [
$440.00
] renewal. This fee is in addition to the renewal fee.