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Letters
of Authority
By Ken Wimmer
Administrative Director of Security,
Sierra Providence Health Network
If a business is within the state of Texas and employs either commissioned or noncommissioned security officers to protect its property, that business must have a Letter of Authority.
So, what is a Letter of Authority? It is the written authorization of a governmental agency to do business or administer a revenue-producing public enterprise. Public is the important word in this statement.
Nobody likes the government involved with our lives, but when our behavior or our business affects the public, the government will be involved to protect that public. That is the business of our government. We know that what the government authorizes, it also controls for the good of the public.
Therefore, the security department of a private business that protects the property of that private business and is involved with the public must apply for and receive a Letter of Authority in accordance with Section 1702.223 of the act. A Letter of Authority establishes a common set of rules that govern the conduct of private security and proprietary security officers performing security duties that involve the public.
We are all governed by laws or acts meant to protect the public. We may not always agree with every one of them, but when someone breaks a law or act and there is harm, we want to know what is going to be done about it.
A law is a binding custom or practice of a community, a rule of conduct or action prescribed or formally recognized as binding and enforced by a controlling authority. Normally, a law is enforced through a law-enforcement agency.
An act is the formal product of a legislative body, a decision or determination of a legislative council or a court of justice. Normally, an act is enforced administratively through an agency which has been designated by the government to have authority over the organization, business or persons.
The governor of the state of Texas has designated the Texas Department of Public Safety at the agency with authority over private security. The act that governs private security is Title 10, Chapter 1702 of the Texas Occupations Code as written and amended by the Texas Legislature. The governor of Texas has also appointed members to a board to serve as the governing body called the Texas Private Security Board. The board is charged with the establishment of rules and the administration and enforcement of the rules for private security.
All businesses or companies that are providing a form of security to another party are governed by the act and rules established by the Texas Department of Public Safety Private Security Board and must be licensed by the board to conduct business. Any private business that employs commissioned or noncommissioned security officers to protect only its own property must have a Letter of Authority. Holders of a Letter of Authority are subject to all rules established under the act unless specifically exempted by the executive director of the board. There are few exemptions.
Ken Wimmer, Administrative Director of Security, Sierra Providence Health Network, El Paso, Texas.
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