|
PSB approves new rules, amends
others
By Cliff Grumbles, Manager
Texas Private Security Bureau
Recently, the Private Security Board approved several new rules and amended others. These rules are now in process for adoption and I want to take the opportunity to bring them to your attention. In some of the new rules the board is seeking to provide further explanation concerning interpretation of the statutory language of Chapter 1702 Texas Occupations Code. On some of the rule amendments input was received from security professional organizations and the board reacted to their requests. The amendments and new rules are published in the Texas Register. Please refer to Texas Register to read the rule in its entirety as I will only paraphrase the contents for you in this article. They will also be posted on our website when final approval is received from the Public Safety Commission.
An amendment to Rule 35.34 was recommended by the board to articulate that a licensee shall cooperate fully in any investigation conducted by the Private Security Bureau and that an individual�s conduct while wearing a company uniform or otherwise representing oneself as acting within the scope of one�s duties that constitutes a Class C or above can result in an administrative action against the individual.
Also recommended was an amendment to Rule 35.291 concerning continuing education for private investigators. In brief, a private investigator or manager of a class A or C license with 15 or more years registration will need 12 hours of CE; with less than 15 years, they will need 18 hours of CE.
Proposed Rule 35.41 makes it clear that an entity regulated by Chapter 1702 cannot use the phrase �law enforcement� or a similar term in their name. This also includes a name that uses an acronym that could be confused with a government entity.
In the proposed amendment to Rule 35.36 the board recommends changes to the way a licensee must notify all consumers of the address and telephone number the consumer can use to make a complaint against the licensee. The notification can either be written or oral. Also in this same rule is a provision that a marked company vehicle must contain the company license number in at least one inch letters and numbers. Vehicles operated by private investigators, personal protection officers, or administrative vehicles are exempt.
Also proposed are amendments to Rule 35.1, which are the definitions, used in 37 TAC 35, Texas Administrative Code. Recommended are changes to the definition of �Conviction,� which will include a final adjudication of guilt whether by plea or pronouncement by a judge or jury or community supervision.
A very important recommendation made by the board would limit the number of companies a person qualified as a manager can be employed to manage. A person will only be able to manage three companies and two schools.
When these rules are adopted and become effective, notice will be posted on our website. We will continue to post proposed rules on our web site, so remember to check there often. Also, remember to �refresh� periodically when viewing our website. If you are still linking to our old website, you are not seeing updates to the website and downloadable forms.
The board approved the outline for a compliance training course to be taught by bureau personnel. The first course will be presented in the fall at our Austin headquarters. The course will be free of charge but you will be required to register to attend. Notice will be posted on our website telling you when applications to attend will be accepted. The course is designed to inform persons responsible for submission of applications and other correspondence to the bureau and those with responsibility for maintaining company and individual records of the applicable sections of Chapter 1702 and 37 TAC 35 to assist them in compliance.
If you are not yet using TexasOnline, you are missing a very useful tool. You can link to TexasOnline from our website or you can go there directly at
www.texasonline.com. When at the TexasOnline home page click on �obtain occupational licenses� then click on �law enforcement and legal.� You can renew your company license, renew an individual registration, file an Employee Information Update, or make an original company or individual application all �online� and pay by credit card or electronic check. Remember to always print out the receipt page for your records and be sure to follow the instructions on the receipt. The receipt contains the trace number which allows for tracking of the transaction should any problems occur. As with any online service, be careful to use the correct format for your entries. Keep in mind that the employment date is the actual date the person began working in a regulated capacity.
I am encouraged by hearing from private security professionals about their efforts to continue to �raise the bar� for security personnel. They understand the commitment and attitude that �making a profit� shouldn�t be the only goal of a professional security operation and encourage the principals of public service in their organizations. ASSIST deserves a lot of credit for perpetuating that attitude and for that I say �good work and keep it going.�
|
