reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.8 - Consumer Information and Signage

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  company license holder shall, either orally or in writing, notify all clients
				  or recipients of services of the license number and the mailing address,
				  telephone number, and email address of the department's Regulatory Services
				  Division for the purpose of directing complaints.
(b) If a company license holder chooses to
				  provide the notice required by subsection (a) of this section in written form,
				  the notice shall contain the company's license number, and mailing address,
				  telephone number, and email address of the department, in a type face of the
				  same size as that which appears in the document as a whole but in no case less
				  than ten (10) point font.
(c) All
				  company license holders must display conspicuously in the principal place of
				  business and in any branch office a sign containing the name, mailing address,
				  telephone number, and email address of the department's Regulatory Services
				  Division, and a statement informing consumers or recipients of services that
				  complaints against licensees may be directed to the department.
(d) The company's license number must be
				  displayed on any vehicle on which the company name is displayed, and must be in
				  letters and numbers at least one (1) inch high and permanently affixed or
				  magnetically attached to each side of the vehicle in a color contrasting with
				  the background color.
(e) A company
				  license holder may not act in a manner to cause reasonable confusion or
				  misunderstanding on the part of a consumer or the public regarding the services
				  provided or to be provided, or the charges for those services.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.9 - Advertisements

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee's advertisements must include:
(1) The company name and address as it
				  appears in the records of the department; and
(2) The company's license number.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.10 - Execution of Capias or Arrest Warrant

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A private investigator or commissioned security officer executing a capias or
				  an arrest warrant on behalf of a bail bond surety may not:
(1) enter a residence without the consent of
				  the occupants;
(2) fail to clearly
				  identify themselves, both orally and by displaying their pocket card, as a
				  private security officer or private investigator, as applicable, working on
				  behalf of a bail bond surety;
(3)
				  wear, carry, or display any apparel, uniform, badge, shield, or other insignia
				  or emblem that gives the impression that the private investigator or
				  commissioned security officer is a peace officer;
(4) brandish, point, exhibit, or otherwise
				  display a firearm at any time, except as otherwise authorized by law or this
				  chapter;
(5) execute the capias or
				  warrant without written authorization from the surety; or
(6) notwithstanding Penal Code, §
											9.51, use deadly
				  force.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.12 - Classification of Electronic Access Control Device Company License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Act, the department has established that
					 the electronic access control device company license will be classified as a
					 Class B, security services contractor license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.13 - Drug-Free Workplace Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  interest of creating a safe and drug-free work environment for clients and
				  employees, all licensed companies shall establish and implement a drug-free
				  workplace policy consistent with the Texas Workforce Commission's "Drug-Free
				  Workplace Policy.''
(b) A copy of
				  the company's drug-free workplace policy shall be signed by each employee and
				  kept in each employee's file.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter A - GENERAL PROVISIONS › Section 35.14 - Security Officer Uniforms

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  commissioned and noncommissioned private security officers shall, at a minimum,
				  display on their outermost garment the name of the company by which the
				  security officer is employed, the word "Security," and the last name of the
				  security officer. These items shall each be of a size, style, shape, design,
				  and type that are clearly visible by a reasonable person under normal
				  conditions.
(b) Subsection (a) of
				  this section does not apply to a personal protection officer while performing
				  personal protection services in plain clothes.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.21 - Individual License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) It is
				  the responsibility of the licensed company to ensure an application that meets
				  the requirements of this section is submitted to the department by or on behalf
				  of any employee who is required to be licensed under the Act. An application
				  must include all items required under subsection (b) of this section in order
				  to comply with the requirements of §1702.230(c) of the Act.
(b) The items detailed in this subsection
				  must be submitted in the manner prescribed by the department:
(1) The required fee;
(2) A copy of the applicant's Level II
				  certificate of completion when applicable;
(3) Fingerprints in the form and manner
				  approved by the department; and
(4)
				  The criminal history check fee as provided in this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.22 - Renewal Individual License Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for renewal must be
				  submitted in the manner prescribed by the department. The application must
				  include:
(1) The required fee;
(2) If the fingerprints on file do not meet
				  current Federal Bureau of Investigation or the department's quality standards,
				  applicants will be required to submit a new set of electronic fingerprints to
				  complete the renewal application process; and
(3) The criminal history check fee as
				  provided in this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.23 - Termination of Incomplete Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  an application is illegible or incomplete, the department will notify the
				  applicant of the deficiency. The applicant will have ninety (90) days from the
				  date of notice to address the deficiency. Upon request of the applicant, the
				  department may extend the period to address the deficiency for one additional
				  ninety (90) day period. If the applicant is unable to provide the required
				  information the applicant may request a hearing before the department to
				  determine whether the application may proceed without the requested
				  information. If the applicant has neither provided the required information nor
				  requested a hearing prior to the expiration of the time allowed for compliance,
				  the application will be terminated. An application will not be terminated while
				  a hearing requested under this subsection is pending.
(b) If an applicant fails to provide all
				  required application materials, or fails to respond to a request by the
				  department for additional information necessary to process the application, the
				  application will be terminated under the process set out in subsection (a) of
				  this section.
(c) Following the
				  termination of an application, a new application must be submitted.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.24 - Photographs

Current through Reg. 49, No. 28; July 12, 2024
If the applicant does not have a digital photograph on file
					 with the department or the department is unable to access the photograph on
					 file, the laminated pocket card will be issued without a photograph. When
					 presenting such a pocket card to a peace officer or to a representative of the
					 department, the licensee shall also present a valid government issued
					 identification card or driver license.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.25 - Assumed Names; Corporations

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  individual applicants doing business under an assumed name shall submit an
				  assumed name certificate from the county clerk of the county in which the
				  applicant either:
(1) has or will maintain
				  business or professional premises; or
(2) conducts business or renders a
				  professional service, if the person does not or will not maintain business or
				  professional premises in any county.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.26 - Reclassification, Assignment, and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When a Class A or B license is reclassified as a Class C license, a fee in the
				  amount of the difference in the cost of the licenses shall be paid. There shall
				  be no refund when a Class C license is reclassified as a Class A or Class B
				  license.
(b) The department may
				  approve the assignment of a company license to the spouse or heir(s) of a
				  deceased owner provided:
(1) A copy of the
				  owner's death certificate is filed with the department; and
(2) A copy of the Will, Order Admitting Will
				  to Probate, Letters of Testament, Affidavit of Heirship with two affiants'
				  signatures, or Order of Heirship is filed with the department
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.27 - Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) To comply with the Act's requirements
				  relating to documentary evidence of insurance coverage, the documents submitted
				  to the department must specifically show:
(1)
				  That the insurance is applicable to the conduct for which the licensee is
				  licensed;
(2) The exclusions or
				  endorsements specific to the activity for which the licensee is licensed, or
				  that there are no such exclusions or endorsements; and
(3) The statutory minimum coverage limits,
				  specifically distinguishing the limits for:
(A) Each occurrence of bodily injury and
				  property damage;
(B) Each
				  occurrence of personal injury; and
(C) The total aggregate amount of coverage
				  for all occurrences.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.28 - Individual Licensee or Commissioned Security Officer Name Change

Current through Reg. 49, No. 28; July 12, 2024
A change of name must be reported to the department within
					 thirty (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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.29 - Employee Termination

Current through Reg. 49, No. 28; July 12, 2024
When a licensed or commissioned employee of a company
					 license holder is terminated for any conduct in violation of the Act or this
					 chapter, the licensee shall notify the department of such conduct within
					 fourteen (14) days of termination. The notification shall be submitted in the
					 manner prescribed by the department and must include any and all available
					 documentation or evidence concerning the alleged offense.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.30 - Company License Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
As provided in §1702.110(a)(6), as part of the
					 company application an applicant for a company license that is an entity other
					 than individual must submit fingerprints of each officer who is to oversee the
					 security-related aspects of the business, or a partner or shareholder who owns
					 at least a 25% interest in the applicant. All such individuals must satisfy the
					 eligibility criteria provided in the Act and in §
										35.4
					 of this title (relating to Guidelines for Disqualifying Criminal Offenses).
					 Should an individual fail to meet these requirements, the company application
					 will be denied, or, if the license has been issued, the license will be subject
					 to suspension or revocation, as applicable.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter B - LICENSING › Section 35.31 - License Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) All company
				  licenses are valid for one (1) year from the date of issuance and expire on the
				  first anniversary of the date of issuance.
(b) All individual licenses are valid for two
				  (2) years from the date of issuance and expire on the second anniversary of the
				  date of issuance.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter C - MANAGER STANDARDS › Section 35.41 - Company Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) The company
				  representative is the individual to whom the department may direct all
				  correspondence and on whom the department may rely to ensure the company's
				  compliance with all requirements of this chapter and the Act. This individual
				  must meet the applicable experience requirements for company licensure provided
				  in the Act and this chapter, and must successfully complete the examination as
				  provided in §1702.117 of the Act and §
										35.42 of this
				  title (relating to Examination).
(b) An applicant for a company license who is
				  an individual will be the company representative for all purposes relating to
				  the administration of the Act.
(c)
				  An applicant for a company license that is an entity other than an individual
				  must designate an individual to be the company representative. The individual
				  must be an officer who is to oversee the security-related aspects of the
				  business, or a partner or shareholder who owns at least a 25% interest in the
				  applicant. Formal documentation reflecting the individual's status with the
				  applicant must be submitted to the department in conjunction with the company
				  license application. An applicant may appoint multiple company representatives
				  if necessary to satisfy the experience requirements for multiple licenses, so
				  long as each individual meets the requirements of §1702.110(a)(6) of the
				  Act and of this section.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter C - MANAGER STANDARDS › Section 35.42 - Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) All company representatives as defined in
				  §
										35.1 of
				  this title (relating to Definitions) and as described in §
										35.41 of this
				  title (relating to Company Representative) must pass the written examination
				  administered by the department. The minimum passing score is 70%.
(b) Good order and discipline will be
				  maintained during the examination. Conduct which is disruptive is grounds for
				  immediate removal.
(c) An oral
				  examination may be given upon receipt of proof of dyslexia as defined by Texas
				  Education Code, §
										51.970.
				  Proof must be submitted in writing in a manner prescribed by the
				  department.
(d) Any examination
				  other than the single examination authorized by payment of the original license
				  fee shall be considered a reexamination for which the reexamination fee shall
				  be required.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter C - MANAGER STANDARDS › Section 35.43 - Temporary Continuation of Business

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to §1702.122 of the Act, if a company representative ceases to be
				  connected with a company license holder, the business may be temporarily
				  operated by an owner, officer, partner, or shareholder for a period not to
				  exceed ninety (90) days following the date the company representative ceases to
				  be connected with the company license holder.
(b) Continued operation of the company in a
				  regulated capacity beyond the ninety (90) day period provided in subsection (a)
				  of this section, without a qualified company representative, is a violation of
				  the Act.
(c) An individual whose
				  registration as a qualified manager expires on September 1, 2019, under the
				  provisions of the 86th Legislature, Senate Bill 616, may continue to function
				  as the company representative until the later of either September 1, 2020, or
				  until the company license expires. Upon renewal of the company license, the
				  company representative must meet the requirements of §
										35.41(c)
				  of this title (relating to Company Representative).
(d) An individual may not continue to
				  function as the company representative, and is deemed to no longer be connected
				  with the company for purposes of this section, should the individual fail to
				  meet the eligibility criteria provided in the Act and this chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter D - DISCIPLINARY ACTIONS › Section 35.51 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Complaints relating to alleged violations of the Act or
					 this chapter should be submitted in writing to department headquarters through
					 the Private Security Program's website or mail to the department's Regulatory
					 Services Division. The complaint should provide:
(1) Name and contact information of
				  complainant;
(2) Name and type of
				  business of licensee;
(3) Specific
				  dates and times of described events; and
(4) Detailed description of the
				  violation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter D - DISCIPLINARY ACTIONS › Section 35.52 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  administrative penalties in this section are guidelines to be used in
				  enforcement proceedings under the Act. The fines are to be construed as maximum
				  penalties only, and are subject to application of the factors provided in Texas
				  Government Code, §
										411.524.
Attached Graphic
(b) The failure to pay an
				  administrative penalty that has become final, whether by the passage of the
				  deadline to appeal or by final court disposition, whichever is later, will
				  result in suspension of the license with no further notice or right to appeal.
				  The suspension will take effect upon the passage of the deadline to appeal and
				  will remain in effect until the penalty is paid in full.
(c) A license holder whose license is revoked
				  for an administrative violation may reapply as a new applicant after the second
				  anniversary of the date of the revocation. An application submitted prior to
				  the second anniversary of the date of the revocation will be denied.
(d) A violation of this Chapter or the Act by
				  a company representative as defined in §
										35.1 of this title (relating to
				  Definitions) acting on behalf of a licensed company will be construed as a
				  violation by the company.
(e) The
				  violation of operating with an expired license applies to operation within the
				  one year grace period to renew. The violation of operating without a license
				  will apply to those operating after the one year grace period.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter E - ADMINISTRATIVE HEARINGS › Section 35.61 - Service of Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees shall
				  maintain on file with the department their current mailing and principal place
				  of business address. Notification shall be submitted in writing and received by
				  the department within fourteen (14) days of the date of the change of
				  address.
(b) The department is
				  entitled to rely on the address currently on file for all purposes relating to
				  notification. The failure to maintain a current address with the department is
				  not a defense to any action based on the licensee's failure to
				  respond.
(c) 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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter E - ADMINISTRATIVE HEARINGS › Section 35.62 - Preliminary Hearing; Settlement Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who receives notice of the
				  department's intention to deny an application for a license, to reprimand,
				  suspend or revoke a license, or to impose an administrative penalty under
				  §
										35.52 of this title (relating to
				  Administrative Penalties), may appeal the decision by submitting a request to
				  appeal by mail, facsimile, or electronic mail, to the department in the manner
				  provided on the department's Private Security Program website within thirty
				  (30) calendar days after receipt of notice of the department's proposed action.
				  If a written request to appeal is not submitted within thirty (30) calendar
				  days of the date notice was received, the right to appeal is waived, and the
				  action becomes final.
(b) If the
				  action is based on the person's criminal history, a preliminary, telephonic
				  hearing will be scheduled. Following the hearing, the department will either
				  dismiss the proceedings and withdraw the proposed action, or issue a written
				  statement of findings to the respondent either upholding or modifying the
				  original proposed action.
(c) If
				  the proposed action is based on an administrative violation, a settlement
				  conference will be scheduled. The settlement conference may be conducted in
				  person or by telephone, by agreement of the parties. Following the settlement
				  conference, the parties will execute an agreed order, or, if no agreement is
				  reached, the department will issue a written determination either upholding or
				  modifying the originally proposed action.
(d) The department's findings following an
				  preliminary hearing, or its determination following a settlement conference,
				  may be appealed to the State Office of Administrative Hearings by submitting a
				  request by mail, facsimile, or electronic mail, to the department in the manner
				  provided on the department's Private Security Program website, within thirty
				  (30) calendar days after receipt of the findings or determination. If a written
				  request is not submitted within thirty (30) calendar days of the date notice
				  was received, the findings or determination shall become final.
(e) Requests for continuance must be
				  submitted in writing at least three (3) business days prior to the scheduled
				  hearing or conference. Requests must be based on good cause. Multiple requests
				  may be presumed to lack good cause and may be denied on that basis.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter F - COMMISSIONED SECURITY OFFICERS › Section 35.81 - Application for a Security Officer Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) A complete
				  security officer commission application must be submitted on the most current
				  version of the form provided by the department. The application must include:
(1) The required application fee;
(2) Fingerprints in form and manner approved
				  by the department;
(3) The required
				  criminal history check fee;
(4) A
				  copy of the applicant's Level II certificate of completion;
(5) A copy of the applicant's Level III
				  certificate of completion;
(6) Non
				  Texas residents must provide a copy of an identification card issued by the
				  state of the applicant's residence, or other government issued identification
				  card;
(7) Non United States
				  citizens must submit a copy of their current alien registration card.
				  Non-resident aliens must also submit documents establishing the right to
				  possess firearms under federal law; and
(8) Proof of completion of the Minnesota
				  Multiphasic Personality Inventory on the department-prescribed form. The form
				  must be signed by the administering psychologist or psychiatrist and must
				  reflect the psychologist's or psychiatrist's interpretation of the results and
				  the determination that the applicant is not disqualified from the license by
				  reason of a mental health condition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter F - COMMISSIONED SECURITY OFFICERS › Section 35.82 - Commissioned Security Officer Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Commissioned security officers shall carry their pocket cards while on duty and
				  when traveling to and from the place of assignment, and shall present the cards
				  upon request by a peace officer or to a representative of the
				  department.
(b) A commissioned
				  security officer shall not:
(1) Perform the
				  duties of a commissioned security officer for any person(s) other than the
				  licensed employer reflected in department records;
(2) Possess or use any security officer
				  commission pocket card that has been altered; or
(3) Deface or allow improper use of his
				  security officer commission pocket card.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter F - COMMISSIONED SECURITY OFFICERS › Section 35.83 - Renewal of Security Officer Commission

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An application for renewal of a security officer commission may not be
				  submitted more than ninety (90) days prior to expiration. A completed renewal
				  application must be submitted on the most current version of the form provided
				  by the department. The application must include:
(1) The required renewal application
				  fee;
(2) Non Texas residents must
				  provide a copy of an identification card issued by the state of the applicant's
				  residence, or other government issued identification card;
(3) Non United States citizens must submit a
				  copy of their current alien registration card. Non resident aliens must also
				  submit a copy of a current work authorization card and documents establishing
				  the right to possess firearms under federal law;
(4) A valid firearms proficiency certificate
				  issued no more than ninety (90) days prior to date of the renewal
				  application;
(5) Unless usable
				  prints are on file with the department, fingerprints in a manner approved by
				  the department; and
(6) The
				  required criminal history check fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter G - PERSONAL PROTECTION OFFICERS › Section 35.91 - Requirements for Personal Protection License

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for
				  a personal protection license shall:
(1)
				  Submit a written application for a personal protection license on a form
				  prescribed by the department;
(2)
				  Be at least twenty-one (21) years of age;
(3) Either possess a valid security officer
				  commission issued prior to applying for a personal protection license, or
				  submit an application for security officer commission in conjunction with the
				  application for a personal protection license;
(4) Submit proof that the applicant has
				  successfully completed the personal protection officer course taught by an
				  approved personal protection officer instructor; and
(5) Submit proof of completion of the
				  Minnesota Multiphasic Personality Inventory on the department-prescribed form.
				  The form must be signed by the administering psychologist or psychiatrist and
				  must reflect the psychologist's or psychiatrist's interpretation of the results
				  and the determination that the applicant is not disqualified from the license
				  by reason of a mental health condition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter G - PERSONAL PROTECTION OFFICERS › Section 35.92 - Employer Requirements

Current through Reg. 49, No. 28; July 12, 2024
Personal protection officer employers shall:
(1) Issue the personal protection officer
				  pocket card issued by the department to the personal protection
				  officer;
(2) Maintain on file for
				  inspection all contracts for personal protection officer services;
				  and
(3) Maintain on file for
				  inspection all current records on all persons issued a personal protection
				  license including the personal protection officer's name, current residential
				  address, and telephone number.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter G - PERSONAL PROTECTION OFFICERS › Section 35.93 - Personal Protection Officer Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Personal protection officers must comply with all standards and requirements
				  applicable to commissioned security officers, as provided in this chapter and
				  the Act.
(b) In addition, a
				  personal protection officer shall not:
(1)
				  Perform personal protection officer duties for any person(s) other than the
				  employer indicated in the department records;
(2) Fail to timely surrender the personal
				  protection officer pocket card upon written notice served by the department or
				  their employer;
(3) While in the
				  course and scope of employment as a personal protection officer, provide or
				  engage in any other service regulated by the Act or this chapter other than
				  providing personal protection from bodily harm to one (1) or more
				  individuals;
(4) Fail to conceal a
				  firearm if providing the services as a commissioned personal protection officer
				  in plain clothes;
(5) Fail to carry
				  on his or her person, the pocket card issued while performing the officer's
				  duties as a personal protection officer; or
(6) Fail to present the pocket card for
				  security officer commission and personal protection license upon request made
				  by a peace officer or representative of the department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter H - SECURITY DEPARTMENT OF PRIVATE BUSINESSES AND POLITICAL SUBDIVISIONS › Section 35.101 - Security Department of Private Business

Current through Reg. 49, No. 28; July 12, 2024
(a) To employ a commissioned security
				  officer, a personal protection officer, or a noncommissioned security officer,
				  a security department of a private business, as defined in the Act, must notify
				  and register with the department as provided in §1702.181 of the
				  Act.
(b) A security department of a
				  private business may not provide guard company services to a third party unless
				  licensed as a guard company.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter H - SECURITY DEPARTMENT OF PRIVATE BUSINESSES AND POLITICAL SUBDIVISIONS › Section 35.102 - Security Department of Political Subdivision

Current through Reg. 49, No. 28; July 12, 2024
To employ a commissioned private security officer or
					 personal protection officer, a security department of a political subdivision
					 must notify and register with the department as provided in §1702.181 of
					 the Act.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter I - COMPANY RECORDS › Section 35.111 - Employee Records

Current through Reg. 49, No. 28; July 12, 2024
Licensees and security departments of private businesses or
					 political subdivisions registered with the department shall keep records of all
					 employees licensed or commissioned under the Act. Any record required to be
					 maintained under this chapter may be maintained in electronic form, so long as
					 it is readily retrievable and presented to department personnel upon request.
					 The employee records detailed in this section shall be maintained for a period
					 of two (2) years from the last date of employment:
(1) Full name, date of employment, position,
				  and most recent residential address of the employee;
(2) Social security number;
(3) Last date of employment;
(4) Date and place of birth;
(5) One photograph;
(6) The results of any drug tests;
(7) Documentation of a pre-employment check
				  if required under §
										35.3 of this title (relating to
				  Individual License Applicant Pre-employment Check);
(8) All continuing education certificates or
				  other proof of continuing education credits earned by the employee while
				  employed by the private business or political subdivision, excluding
				  commissioned security officer or personal protection officer training or
				  proficiency certificates; and
(9)
				  The current duty assignments and duty stations of any security
				  officers.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter I - COMPANY RECORDS › Section 35.112 - Business Records

Current through Reg. 49, No. 28; July 12, 2024
Licensees and security departments of private businesses or
					 political subdivisions registered with the department shall maintain copies of
					 the applicable records detailed in this section, or otherwise required under
					 this chapter, for two (2) years from the later of the date the related service
					 was provided or the date the contract was completed:
(1) All contracts for regulated service and
				  related documentation reflecting the actual provision of the regulated service;
				  and
(2) Copies of any timesheets,
				  invoices, or scheduling records reflecting the employment dates of any licensed
				  or commissioned employees.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter J - SPECIAL COMPANY LICENSE QUALIFICATIONS › Section 35.121 - Investigations Company License

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  the Act, the department has determined an applicant for licensure as a private
				  investigations company or the prospective company representative of the
				  applicant company, must meet one of the qualifications detailed in this
				  section:
(1) Three (3) consecutive years of
				  investigation related experience;
(2) A bachelor's degree in criminal justice
				  or related course of study;
(3) A
				  bachelor's degree with twelve (12) months of investigation related
				  experience;
(4) An associate degree
				  in criminal justice or related course of study, with twenty-four (24) months of
				  investigation related experience;
(5) A specialized course of study directly
				  designed for and related to the private investigation profession, taught and
				  presented through affiliation with a four (4) year college or university
				  accredited and recognized by the State of Texas. This course of study must be
				  endorsed by the four (4) year college or university's department of criminal
				  justice program and include a departmental faculty member(s) on its
				  instructional faculty. This course of study must consist of a minimum of two
				  hundred (200) instructional hours including coverage of ethics, the Act, and
				  this chapter; or
(6) Other
				  combinations of education and investigation related experience may be
				  substituted for the above at the discretion of the department or its designated
				  representative.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter J - SPECIAL COMPANY LICENSE QUALIFICATIONS › Section 35.122 - Guard Company License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Act, the department has determined an
					 applicant for licensure as a guard company or the prospective company
					 representative of the applicant company must meet the qualifications detailed
					 in this section:
(1) Must be at least
				  twenty one (21) years of age at the time of application;
(2) Must have at least three (3) years
				  accumulated employment experience in the field in which the company is
				  licensed; and
(3) Must have at
				  least one (1) year of experience in a managerial or supervisory
				  position.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter J - SPECIAL COMPANY LICENSE QUALIFICATIONS › Section 35.123 - Locksmith Company License

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Act, the department has determined that an
					 applicant for licensure as a locksmith company, or the prospective company
					 representative of the applicant company, must meet one of the qualifications
					 detailed in this section:
(1)
				  Qualification option one. Two (2) consecutive years of full-time
				  locksmith-related experience; or
(2) Qualification option two.
(A) Successful completion of a department
				  approved forty-eight (48) hour basic locksmith course and a six hundred (600)
				  hour fundamentals of locksmith course, with the curriculum content detailed in
				  this subparagraph:
(i) Introduction to
				  locksmithing.
(ii) The Act and this
				  chapter.
(iii) State of Texas and
				  United States Government business requirements.
(iv) Key blank identification.
(v) Key machine and key
				  duplication.
(vi) Codes and code
				  cutting.
(vii) Basic lock
				  types.
(viii) Basic
				  picking.
(ix) Rim and mortise
				  cylinders.
(x) Key in knob/key in
				  lever locks.
(xi) Deadbolts and
				  mortise locks.
(xii)
				  Installations.
(xiii)
				  Impressioning.
(xiv) Basic
				  master-keying.
(xv) Basic safe
				  servicing.
(xvi) Small format
				  interchangeable core.
(xvii) High
				  security and key control cylinders.
(xviii) Automotive opening.
(xix) Automotive key generation and
				  programming.
(xx) Exit/panic device
				  servicing, replacement, and installation.
(xxi) Door closer servicing, replacement, and
				  installation.
(xxii) Cabinet and
				  drawer lock servicing, replacement, and installation.
(xxiii) Safe installation, moving, and
				  anchoring.
(xxiv) Single door
				  access control service and installation.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter J - SPECIAL COMPANY LICENSE QUALIFICATIONS › Section 35.124 - Alarm Company and Alarm Training School Licenses

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Act, the department has determined an
					 applicant for licensure as an alarm company, alarm training school, or the
					 prospective company representative of the applicant company must have two (2)
					 consecutive years of alarm related experience, including installation,
					 monitoring, sales, or related supervision.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter K - FEES › Section 35.131 - Licensing and Examination Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to the Act, the figure in this subsection details the fee schedule:
Attached Graphic
(b) An additional fee of $5.00
				  will be charged for any new application or renewal requiring the issuance of a
				  new pocket card.
(c) Fees collected
				  are non-refundable and non-transferable.
(d) Payment of fees shall be made in a manner
				  approved by the department.
(e) If
				  payment is dishonored or reversed prior to issuance, the application will be
				  abandoned as incomplete. If the commission or license is issued prior to being
				  dishonored or reversed, revocation proceedings will be initiated pursuant to
				  the Act, §1702.361. The department may dismiss a pending revocation
				  proceeding upon receipt of payment of the full amount due, including any
				  additional processing fees.
(f)
				  Original fees shall not be prorated. The full fee shall accompany all original
				  applications.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter K - FEES › Section 35.132 - Subscription Fees

Current through Reg. 49, No. 28; July 12, 2024
The subscription fees detailed in this section are
					 authorized under Texas Government Code, §
										2054.252.
(1) Each individual licensee shall pay the
				  following subscription fee for occupational license renewal: $2 for a $30 to
				  $50 renewal and $3 for a $100 renewal. This fee is in addition to the renewal
				  fee.
(2) Each company licensee
				  shall pay the following subscription fee for occupational license renewal: $7
				  for a $225 renewal; $11 for a $300 to $350 renewal; $12 for a $400 renewal; and
				  $16 for a $540 renewal. This fee is in addition to the renewal fee.
(3) Each individual applicant for a license
				  shall pay the following subscription fee upon application: $2 for a $30 to $50
				  application; and $3 for a $100 application. This fee is in addition to the
				  application fee.
(4) Each company
				  license applicant shall pay the following subscription fee upon application:
				  $11 for a $300 to $350 application; $12 for a $400 application; and $16 for a
				  $540 application. This fee is in addition to the application fee.
(5) Each individual licensee shall pay a $2
				  subscription fee for an employee information update. This fee is in addition to
				  the employee information update fee.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.141 - Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Security and
				  Personal Protection Officer Training.
(1) The
				  Level II training course shall be completed by all applicants for a security
				  officer commission or for a license as a noncommissioned security officer. The
				  course material shall be prepared or approved by the department. A certificate
				  indicating completion of Level II training shall be submitted to the department
				  with the required application. Level II training may be taught by the
				  licensee's designee, or a department approved school and department approved
				  instructor using the most current version of the respective department Level II
				  training course manuals.
(2) The
				  Level III training course shall be completed by all applicants for a security
				  officer commission and a personal protection officer license. The course
				  material shall be prepared by and obtained from the department. A certificate
				  indicating completion of Level III training shall be submitted to the
				  department along with the application to license the individual. Level III
				  training must be taught by a department approved school and a department
				  approved instructor.
(3) The Level
				  IV training course shall be completed by all applicants for a personal
				  protection officer license. The course material shall consist of a minimum of
				  fifteen (15) classroom hours and shall be offered by department approved
				  personal protection officer training schools and taught by department approved
				  personal protection training instructors. All training shall be conducted with
				  a department 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 department.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 35 - PRIVATE SECURITY › Subchapter L - TRAINING › Section 35.142 - Training School Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for training school approval shall be submitted in the manner
				  prescribed by the department.
(b)
				  To be approved, the school must:
(1) Use the
				  department's most current training manual;
(2) Obtain approval of all instructors as
				  provided under §
											35.143
				  of this title (relating to Training Instructor Approval);
(3) Ensure that all owners, officers,
				  partners, or shareholders are in compliance with the fingerprint submission
				  requirement and individual license requirements of the Act, §1702.110 and
				  §1702.221, respectively.