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Private Security
Bureau
By Capt. Leonard Hinojosa
DPS Texas Private Security
I would like to introduce myself to the members of ASSIST.
My name is Leonard Hinojosa and on May 21, I was assigned to the Texas Department of Public Safety�s Private Security Bureau. The first few days of my new assignment as the captain of the Private Security Bureau have been a learning experience. I was not as familiar with the Private Security Act as I am with many other aspects of law enforcement. Having spent most of my career in other areas of enforcement, the Private Security Act was not the focal point. It now has become the focal point of day-to-day duties.
I have been impressed by the dedication of your association and its members to the security profession. Providing security to the citizens of Texas is an important task and I am finding that it is done by professional companies and individuals. I had the opportunity to attend the symposium your association held in the Dallas area on June 21. I was welcomed and was able to see first-hand the interaction between the security profession and law enforcement. This communication is an important component in keeping our citizens safe.
In the upcoming months, I look forward to keeping the same working relationship with all the private security entities that my predecessor maintained for so many years. I welcome constructive input as well as open communication. On Sept. 1, House Bill 2833 will become law and will be another valuable tool in the policing of the regulated activities over which this bureau has oversight.
Investigations and Enforcement Section
Trooper investigators of the Private Security Bureau continue to conduct inspections of regulated companies and on-site field employee inspections. Bureau investigators are finding the following positive issues on field inspections:
(1) Improvement in their record keeping.
(2) Keeping the bureau notified of possible unlicensed activity.
(3) Promptness in reporting shooting incidents with the correct required information.
(4) Have adapted favorably since DPS began regulating the bureau.
(5) Increased communication with their local PSB investigator.
(6) Very receptive to any recommended changes for compliance purposes.
Although nervous, companies have been cooperative and some companies even though fined, have thanked troopers for their enthusiasm and the professionalism with which they are attempting to carry out enforcement throughout the state.
Bureau investigators are seeing the following infractions on inspections: companies fail to affix the color photograph and fail to have the registrant, security officer or personal protection officer sign the pocket card before issuing them the pocket card; when the security officer is issued a coat, the company does not always make sure the person wearing the uniform has the company name, the word �security� and the last name of the security officer on the outermost garment; additionally, for those who are commissioned,
the security officers are not keeping the firearm in plain
view, which is an officer and public safety issue and places the security officer in jeopardy of being arrested for UCW; the commissioned and noncommissioned
security officers are not always wearing the approved company
uniform; also, employees are failing to notify the bureau of address changes.
We are seeing a variety of violations, especially from Texas Administrative Code Rules 35.201 and 35.205.
RULE 35.201 Employee Records - Licensed companies shall keep records of all registered or commissioned employees. Records shall be maintained for a period of two years from the last date of employment. The following records shall be maintained:
(1) full name of employee, date of employment, position and address;
(2) Social Security Number;
(3) last date of employment;
(4) date and place of birth;
(5) one color photograph; and
(6) the results of any drug screens for commissioned security officers.
RULE 35.205 Records Required on Commissioned Security Officers -
The employer of a commissioned security officer shall maintain current records on all persons issued a security officer commission for board inspection. The records shall contain:
(1) most current residence of the security officer as reported by the officer;
(2) current duty assignment and location of assignment;
(3) results of any drug screens administered; and
(4) documented information on training required and provided.
With summer coming on, it has been noticed that a lot of guard companies are changing their uniforms to accommodate the summer heat, and have not sent a photo of the uniform to the PSB in Austin; some are not in compliance with Rule 35.39.
I would also like to emphasize that our investigators will always give the companies the opportunity to show us any information we are unable to find that is required by rule while we are on site, in order to give them an opportunity for compliance.
Licensing Section
The Licensing Section issued 180 company and 8,294 individual licenses from March 3 to June 13. As a reminder to everyone, I would like stress the importance of sending complete applications. Complete information on applications allows the Licensing Section to process paperwork in an expeditious fashion. I want to share with you some of the common errors in applications we receive that can cause a delay in processing. The following are a few examples: omissions in the application, including date of hire; applications that are not legible; and failure to submit supporting documents, such as level of training or fingerprint cards. In addition, not submitting the appropriate fees for the license desired will cause the application to be returned.
The use of Texas Online for registrations and renewal licensing is a good way to ensure processing with minimal delays. There is a link to Texas Online through the PSB website. The online registration is convenient and provides the user with documentation of the transaction that is submitted. As always, the PSB Web site,
www.txdps.state.tx.us/psb/, is an excellent source of information regarding all PSB issues.
As of Aug. 1, in preparation for the implementation of our new database
system, the Licensing Section will be working on old pending applications that are incomplete where the company or employee has failed to submit required information requested for licensure, as described by the rule below.
Texas Administrative Code Rule 35.77 Termination of Incomplete Applications
a) Applications must be complete and legible. If an application is not legible or not complete, the bureau will notify the applicant of any apparent deficiency. The applicant will have 90 days from the date of notice to amend the application or provide complete information. Upon request of the applicant, the bureau may extend the period to amend the application for one additional 90-day period. If the applicant is unable to provide information needed to complete the application, the applicant may request a hearing before the board to determine whether the application may proceed without complete information. After the period to amend has expired, if the applicant has not provided the required information or requested a hearing on the application, the application process will be terminated. An application will not be terminated while a hearing request under this section is pending.
(b) If an applicant fails to provide all required application
materials, or fails to respond to a request by the bureau for additional information necessary to process the application, the application will be terminated under the process set out in subsection (a) of this section.
This process will take a few months to complete, but once completed will ensure that information carried over into the new system will be not only complete, but the most current information we have on each applicant.
Remember to check our Web site on a regular basis for new rules, changes in forms and information concerning Private Security Board meetings.
I look forward to the ASSIST Convention in El Paso, Texas, in October. Hope to see everyone there and have a chance to share some ideas for the continued improvement of the security industry.
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