Due diligence

By Cliff Grumbles, Manager
Texas Private Security Bureau

Texas Administrative Code 37 TAC 35, specifically 35.204, requires that an employer use �due diligence� to determine whether an applicant is qualified under Section 1702.113 Texas Occupations Code, prior to duty assignment for an individual employed in the security profession. Section 1702.113 contains the general qualifications, including criminal history prohibitions, for an applicant.

Security profession employers use various methods to fulfill their obligation of ensuring that applicants meet the requirements of Section 1702.113. In fact, some employers place even more stringent employment qualifications on their applicants than are required by Chapter 1702 (also known as the Private Security Act).

This is a public safety issue and a critical function for companies to perform prior to an individual�s employment. It can also be a good investment for an employer to avoid wasting a lot of time issuing equipment and going through other pre-employment processes for a person who may be denied registration because they are not qualified under Section 1702.113.

One simple way to use due diligence and save a lot of time is to always check the bureau�s �search� feature on the website for the applicant. If the individual has previously applied with another employer and has an outstanding issue preventing registration, you may discover it on the website. Company representatives have told me that many times a person seeking employment will not tell a prospective employer about previous failed attempts at registration or even about previous employment by a licensed company.

Of course, the website does not help if an individual has never made an application to the bureau, so a company�s methodology for pre-employment screening is very important.

The cooperative effort between a licensed company and the bureau to assure the safety of the public from known offenders is a key element in what licensure is all about. The public has an expectation that persons employed by a licensed company meet certain qualifications required by statute and they should expect that a licensed company is making every effort to provide quality personnel.

Reaffirm that your personnel handling the employment process understand and adhere to the requirements in 35.204 and Section 1702.113.

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