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PSI
violations
By Buck Shodrock
Texas Private Security Bureau Investigator
Over the past years, the types of reported violations involving the Private Security Industry have changed for various reasons. As an example, prior to the transferable registration and commission cards in the mid 1980s, we found ourselves looking into numerous complaints of security officers carrying handguns who had not been issued a commission card. Prior to the transferable card, if a security officer changed employers, he or she had to turn in their pocket card, and then apply for a new one with their new employer. They could not carry a firearm until the commission card was issued with the new employer. The transferable registration and commission cards were a life saver for the industry. This was evident by the drop in number of unlawful carrying cases we were seeing.
Today, we do not see the number of unlawful carrying cases we used to, but we do receive a number of complaints on unlicensed locksmiths, non-paid or reserve peace officers working security jobs, unlicensed bounty hunters, and licensees failing to register their employees. We encourage the industry to report unlicensed activity. In a Nov. 14 press release, the Department of Public Safety asked the general public to get involved by asking locksmiths prior to allowing them access to their home and business for a department issued license number or identification. The press release included the department�s website for public access to license information. The locksmith associations also play a valuable role in reporting unlicensed activity.
In the San Antonio region, we have seen a rise in the number of complaints against non-paid or reserve peace officers working security in violation of Chapter 1702 Texas Occupations Code. Chapter 1702.322 clearly states the conditions under which a peace officer may work a security job off-duty. The chapter is specific in that the officer must have full-time employment as a peace officer, and only exempts the officer to work off-duty as a patrolman, guard, extra job coordinator, or watchman. Chapter 1702.322 states that the peace officer must work as a peace officer on the average of at least 32 hours a week, and is compensated by the state or a political subdivision of the state at the minimum wage. In most cases, we have found that the peace officer is not compensated by the state or political subdivision, and in some cases never performs a law enforcement function for the law enforcement agency.
When the license requirement came about for bounty hunters, we received numerous complaints that bounty hunters were being sold registration cards as private investigators by licensees to give the appearance the bounty hunter was in compliance. There are not as many complaints today, but the practice still exists. Investigation of these complaints has revealed that licensees have obtained registrations for individuals as private investigators to work as bounty hunters, and the licensee has no idea what the individual is doing, or who they are arresting. Some licensees doing bounty hunting have also let their licenses expire, but have continued to operate. Keep in mind that violations of Chapter 1702.3863,
Unauthorized Contract With A Bail Bond Surety, and Chapter 1702.3867 Execution Of A Capias Or Arrest Warrant is a state jail felony.
Within the last month, we have seen several complaints where licensed guard and alarm companies have failed to register their security officers and alarm salespersons. Investigations into these complaints sometimes show where the licensee has submitted registration applications on employees with incorrect employment dates to avoid a late registration violation. We are also seeing where the licensee has failed to obtain the fingerprints of the applicant prior to assigning them to duty. Keep in mind that a material misstatement on an application is grounds to suspend or revoke a license, and furthermore, 37 TAC 35.11 of the Texas Administrative Code states that to willfully make a false statement in making application for registration is a criminal act, and is subject to prosecution.
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ASSIST (Tips you should know)
Recently, a security officer went to his company's office, picked up the cell phone and keys for his assignment, and later called on duty. The officer made his hourly call-in to dispatch to confirm he was on-site and there were no problems at the account.
The company�s supervisor stopped by the account for an inspection visit, and the officer was not on duty.
The license manager called Cliff Grumbles and Cliff advised that he considered the officer�s actions may have violated an administrative rule, and if the license manager would submit notarized statements by the management and supervisory personnel involved, the bureau would investigate, and move to revoke the officer�s registration.
Cliff advises that it appears that the officer violated Rule 35.34(n) which refers to Section 1702.361. The security officer committed fraud, deceit or misrepresentation while employed by a license holder.
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