Magellan Associate Director Report Personnel Observing Statistics Commissioning of Instruments.
MTR 1 the Board Director Personnel
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Transcript of MTR 1 the Board Director Personnel
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ComplianceCompliance
SolutionsSolutions
DPS/PSB Managers TestDPS/PSB Managers Test
ReviewReview
Chapter 1Chapter 1
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MTRMTR
11The Board-Director- Personnel
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Before we get startedBefore we get started
My name is Doug Anderson we have workedMy name is Doug Anderson we have workedvery hardvery hard
to insure that our program is up to date with theto insure that our program is up to date with thelatestlatest
copy of the Code &Rules. Im available 24/7 tocopy of the Code &Rules. Im available 24/7 tohelphelp
answer any questions that you May have, butanswer any questions that you May have, butpleaseplease
keep in mind im a hard sleeper so just keepkeep in mind im a hard sleeper so just keepringing myringing my
hone until I answer it I romise ou cant makehone until I answer it I romise ou cant make
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Texas Department of
Public Safety
Private Security Bureau
Director/Manager
The Board
Class A Co.
Pvt Investigators
PPO¶s
Class B Co.
Guards
Class C Co.
Pvt
Investigators
PPO¶s
Guards
Class F
School
Level III
Training
Sch
Class O
Alarm
Level 1
School
Class P Co.
Private Buss
Letter
Of Authority
GUARDS
Class X Gov
Letter Of Auth
GUARDS
Class T Co.
Telematics
Governor Texas Legislature
Each Company above has owner/officer, Partner, shareholder.
Each Company above must be under the direction and control of One Manager
The Honorable Patrick Patterson,
Board Member
The Honorable Charles E Crenshaw,
Board Member
The Honorable Doris F Washington
Board Member
The Honorable John E Chism,
Chairman
The Honorable Howard H
Johnsen,
Vice Chairman
The Honorable Mark L. Smith,
Secretary
The Honorable Stella Caldera,
Board Member
Class D
CoElectronic
access
control
device
Co.
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Chapter 1Chapter 1TheThe
BoardBoard
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DefinitionsDefinitions³³State´ means the State of Texas or anyState´ means the State of Texas or any
political subdivision thereof.political subdivision thereof.
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DefinitionsDefinitions³Department´ means the Texas³Department´ means the Texas
Department of Public SafetyDepartment of Public Safety
The Texas Department of Public SafetyThe Texas Department of Public Safetytook over administration of the Texastook over administration of the Texas
Private Security Bureau a few years ago.Private Security Bureau a few years ago.
Before that time, they were anBefore that time, they were an
independent agency.independent agency.
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DefinitionDefinition³³Act Act´́ ± ± Title 10, Chapter Title 10, Chapter
1702, Texas Occupations1702, Texas Occupations
Code as amended by theCode as amended by the
Texas Legislature.Texas Legislature.
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Texas Department of Texas Department of
Public SafetyPublic Safety(a) The board created under Section 1702.021 is(a) The board created under Section 1702.021 is
a part of the department. The department shalla part of the department. The department shall
administer this chapter through the board.administer this chapter through the board.
(b) A reference in this chapter or another law to(b) A reference in this chapter or another law to
the Texas Commission on Private Securitythe Texas Commission on Private Security
means the board.means the board.
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DefinitionsDefinitions³Board´ means the members³Board´ means the members
appointed by the Governor of Texasappointed by the Governor of Texas
to serve as the governing body of theto serve as the governing body of theTexas Private Security Board or theTexas Private Security Board or the
staff serving thestaff serving the
administration/enforcement needs of administration/enforcement needs of that entity.that entity.
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The BoardThe Board
Four MembersFour Members ± ±
Must be U. S. Citizens!Must be U. S. Citizens!
One Member One Member Licensed as a Private Investigator Licensed as a Private Investigator
One Member One Member
Licensed as an Alarm Systems CompanyLicensed as an Alarm Systems Company
One Member One Member
Licensed owner/operator of a Guard CompanyLicensed owner/operator of a Guard Company
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The BoardThe Board Appointments to the commission shall be Appointments to the commission shall be
made without regard to themade without regard to the race, color,race, color,
disability, sex, religion, age, or national origindisability, sex, religion, age, or national originof the appointee!of the appointee!
Secretary of State shall issue a commission toSecretary of State shall issue a commission to
the member as evidence of the member¶sthe member as evidence of the member¶s
authority to act as a commission member,authority to act as a commission member,after the member takes the constitutional oathafter the member takes the constitutional oath
and receives the certificate of appointment!and receives the certificate of appointment!
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The BoardThe BoardEligibility of Public MembersEligibility of Public Members
± ± The person or his spouseThe person or his spouse cannot becannot be
registered, commissioned, certified, or registered, commissioned, certified, or
licensed in private investigations or privatelicensed in private investigations or private
security!security!
± ± The personThe person cannot be employed or manage acannot be employed or manage a
business entity or other organizationbusiness entity or other organizationregulated by or receiving moneyregulated by or receiving money from thefrom the
Private Security Bureau.Private Security Bureau.
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The BoardThe BoardEligibility of Public MembersEligibility of Public Members
± ± The person cannot own or control, directly or The person cannot own or control, directly or
indirectly, more thanindirectly, more than 10 %10 % in a business entityin a business entity
or other organization regulated by or receivingor other organization regulated by or receiving
money from the Commission (PSB)!money from the Commission (PSB)!
± ± The person cannot receive a substantialThe person cannot receive a substantial
amount of tangible goods, services, or moneyamount of tangible goods, services, or moneyfrom the Commission (PSB) other thanfrom the Commission (PSB) other than
compensation or authorized reimbursement!compensation or authorized reimbursement!
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The BoardThe BoardMembership and EmployeeMembership and Employee
RestrictionsRestrictions
± ±Cannot be anCannot be an officer, employee or paidofficer, employee or paidconsultant of a trade associationconsultant of a trade association
± ± Spouse cannot be an officer, employeeSpouse cannot be an officer, employee
or paid consultant of a trade associationor paid consultant of a trade association ± ±Cannot be a lobbyistCannot be a lobbyist
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DefinitionDefinition³Conflict of Interest´³Conflict of Interest´ ± ± A conflict or the A conflict or the
appearance thereof, between theappearance thereof, between the
private interests and the publicprivate interests and the publicobligations of an individual,obligations of an individual,
organization, or other legal entityorganization, or other legal entity
authorized to conduct businessauthorized to conduct businesspursuant to the Act.pursuant to the Act.
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The BoardThe BoardTerms and VacanciesTerms and Vacancies Board MembersBoard Members
serve staggeringserve staggering sixsix--year terms: Termsyear terms: Terms
of two or three membersof two or three members expireexpire ononJanuary 31 of January 31 of each oddeach odd--numbered year numbered year
The Governor appoints a new member toThe Governor appoints a new member to
fill the unexpired term.fill the unexpired term.
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The BoardThe BoardThe Governor shall designate one boardThe Governor shall designate one board
member as Presiding Officer member as Presiding Officer
± ± Without regard toWithout regard to race, creed, color, disability,race, creed, color, disability,
sex, race, religion, age, or national origin!sex, race, religion, age, or national origin!
The board elects an assistant presiding officer The board elects an assistant presiding officer
± ± In the absence of the presiding officer, theIn the absence of the presiding officer, the
assistant presiding officer shall preside at eachassistant presiding officer shall preside at eachboard meetingboard meeting
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The BoardThe Board
Grounds for removalGrounds for removal
± ±Does not have theDoes not have the
qualificationsqualifications
± ±Does not maintain theDoes not maintain the
qualificationsqualifications ± ±Is ineligible for membershipIs ineligible for membership
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The BoardThe Board
Grounds for removalGrounds for removal ± ± Cannot, because of illness or disability,Cannot, because of illness or disability,
discharge the members duties for adischarge the members duties for asubstantial part of the member¶s termsubstantial part of the member¶s term
± ± Is absent from more than half of theIs absent from more than half of the
meetings without an excuse approved bymeetings without an excuse approved by
the majority of the commissionthe majority of the commission
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The BoardThe BoardGrounds for removalGrounds for removal ± ± If there is a reason to remove aIf there is a reason to remove a
commissioner (ground for removal), thecommissioner (ground for removal), thedirector, is required to notify the presidingdirector, is required to notify the presiding
officer and the presiding officer is required toofficer and the presiding officer is required to
notify the governor and the attorney general.notify the governor and the attorney general.
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The BoardThe Board
Grounds for removalGrounds for removal
± ±If the person that needs to beIf the person that needs to be
removed is the presiding officer, theremoved is the presiding officer, theDirector is required to notify theDirector is required to notify the
assistant presiding officer, whoassistant presiding officer, who
notifies the governor and thenotifies the governor and theattorney general.attorney general.
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The BoardThe BoardPer Diem; ReimbursementPer Diem; Reimbursement
± ± A board member is entitled to a per diem for A board member is entitled to a per diem for
each day the member engages in the businesseach day the member engages in the business
of the board!of the board!
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The BoardThe BoardPer Diem; ReimbursementPer Diem; Reimbursement
± ± A member is entitled to reimbursement for A member is entitled to reimbursement for
travel expenses incurred while conductingtravel expenses incurred while conducting
board business, including expenses for board business, including expenses for transportation, meals, and lodging, astransportation, meals, and lodging, as
prescribed by the General Appropriations Act.prescribed by the General Appropriations Act.
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The BoardThe BoardMeetingsMeetings
± ± The commission shall meet at regular intervalsThe commission shall meet at regular intervals
to be decided by the commission.to be decided by the commission.
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The BoardThe BoardTrainingTraining
± ± A commission member may not vote, A commission member may not vote,
deliberate, or be counted as a member until thedeliberate, or be counted as a member until the
person completes a training program.person completes a training program.
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The BoardThe BoardTraining Program Must IncludeTraining Program Must Include
± ± Chapter 1702Chapter 1702
± ± Programs operated by the commissionPrograms operated by the commission
± ± Role & Function of the commission.Role & Function of the commission.
± ± Rules of the commission, with an emphasis onRules of the commission, with an emphasis on
the rules that relate to disciplinary andthe rules that relate to disciplinary and
investigatory authority.investigatory authority.
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The BoardThe BoardTraining Program Must IncludeTraining Program Must Include
± ± Current budget for the commissionCurrent budget for the commission
± ± Results of most recent formal auditResults of most recent formal audit
± ± Requirements of;Requirements of;Open Meetings LawOpen Meetings Law
Public Information LawPublic Information Law
Administrative Procedure Law Administrative Procedure Law
Conflict of Interest LawsConflict of Interest Laws
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TrainingTraining
A person appointed to the commission A person appointed to the commission
is entitled to reimbursement, for theis entitled to reimbursement, for thetravel expenses incurred in attendingtravel expenses incurred in attending
the training program regardless of the training program regardless of
whether the attendance at the programwhether the attendance at the programoccurs before or after the personoccurs before or after the person
qualifies for office!qualifies for office!
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Director & PersonnelDirector & PersonnelThe Director is the chief administrator The Director is the chief administrator
of the commission. The director shallof the commission. The director shall
perform duties as prescribed by theperform duties as prescribed by thecommission.commission.
The Director is a fullThe Director is a full--time employee of time employee of
the commission. A commissionthe commission. A commissionmember may not serve as Director!member may not serve as Director!
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DefinitionDefinitionManager Manager ± ± Means the manager of the TexasMeans the manager of the Texas
Private Security Bureau.Private Security Bureau.
((This is the definition of Manager in theThis is the definition of Manager in the
Administrative Rules! They are talking about the Administrative Rules! They are talking about the
Director Director !)!)
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It¶s Confusing!It¶s Confusing!In these books, they call the Director theIn these books, they call the Director the
Manager! They also call the person thatManager! They also call the person that
manages a company the Manager and it ismanages a company the Manager and it is
difficult to understand which one they are talkingdifficult to understand which one they are talkingabout. Sometimes they use the term Director about. Sometimes they use the term Director
and Manager in the same paragraph.and Manager in the same paragraph.
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Director & PersonnelDirector & Personnel ± ± An employee of the commission may not: An employee of the commission may not:
Have a financial or business interest, contingentHave a financial or business interest, contingent
or otherwise, in a security services contractor or or otherwise, in a security services contractor or
investigations company, or investigations company, or Be licensed under this chapter.Be licensed under this chapter.
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Director & PersonnelDirector & Personnel
± ±Division of responsibilitiesDivision of responsibilities
The commission shall develop andThe commission shall develop and
implement policies that clearly separateimplement policies that clearly separatethe policythe policy--making responsibilities of themaking responsibilities of the
commission and the managementcommission and the management
responsibilities of the director and staff responsibilities of the director and staff
of the commission.of the commission.
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Director & PersonnelDirector & Personnel
Qualifications & Standards of Conduct Information TheQualifications & Standards of Conduct Information TheDirector or the Director¶s designee shall provide toDirector or the Director¶s designee shall provide tocommission members and to agency employeescommission members and to agency employeesinformation regarding the requirements for office or information regarding the requirements for office or
employment under this chapter.employment under this chapter.
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Director & PersonnelDirector & Personnel
± ±Career Ladder ProgramCareer Ladder Program
The director or the director¶s designeeThe director or the director¶s designee
shall develop an inter shall develop an inter--agency career agency career ladder program. The program mustladder program. The program must
require the inter require the inter--agency posting of eachagency posting of each
nonnon--entry level position at leastentry level position at least 10 days10 days
before any public posting.before any public posting.
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Director & PersonnelDirector & Personnel
± ±Career Ladder ProgramCareer Ladder Program
The director or the director¶s designeeThe director or the director¶s designee
shall develop a system of annualshall develop a system of annualperformance evaluations.performance evaluations.
All merit pay for commission employees All merit pay for commission employees
must be based on the systemmust be based on the system
established under this subestablished under this sub--section.section.
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Director & PersonnelDirector & Personnel
Equal Employment OpportunityEqual Employment Opportunity
Policy; ReportPolicy; Report Director must maintainDirector must maintain
written policy statement thatwritten policy statement thatimplements an equal opportunityimplements an equal opportunity
program to ensure that all personnelprogram to ensure that all personnel
decisions are made w/o regard todecisions are made w/o regard to
race, creed, color, disability, sex,race, creed, color, disability, sex,
religion, age or national origin.religion, age or national origin.
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Director & PersonnelDirector & Personnel
Policy Statement Must Include:Policy Statement Must Include: PersonnelPersonnel
policies, including policies related topolicies, including policies related to
recruitment, evaluation, selection,recruitment, evaluation, selection,
training, and promotion of personnel,training, and promotion of personnel,
that show the intent of the commissionthat show the intent of the commission
to avoid the unlawful employmentto avoid the unlawful employment
practices described by Chapter 21,practices described by Chapter 21,Labor Code, and;Labor Code, and;
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Director & PersonnelDirector & Personnel
Policy Statement Must Include: AnPolicy Statement Must Include: An
analysis of the extent to which theanalysis of the extent to which the
composition of the commission¶scomposition of the commission¶s
personnel is in accordance with federalpersonnel is in accordance with federal
and state law and a description of and state law and a description of
reasonable methods to achievereasonable methods to achieve
compliance with federal and state law.compliance with federal and state law.
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Director & PersonnelDirector & Personnel
± ±Policy Statement MustPolicy Statement Must
Be reviewed by the stateBe reviewed by the state
Commission on Human RightsCommission on Human Rights
Be updated at least annually; andBe updated at least annually; andBe filed with the Governor Be filed with the Governor
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Director & PersonnelDirector & Personnel
± ± Administrative Staff Administrative Staff The department shall designate a departmentThe department shall designate a department
employee who shall report directly to the board.employee who shall report directly to the board.
The employee shall assist the board in theThe employee shall assist the board in the
administration of the board¶s duties.administration of the board¶s duties.
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Powers & Duties of CommissionPowers & Duties of Commission
Adopt rules and general policies to guide Adopt rules and general policies to guide
the agency in the administration of thisthe agency in the administration of this
chapter.chapter.
Rules & Policies adopted must beRules & Policies adopted must be
consistent with the Occupation Code andconsistent with the Occupation Code and
other commission rules and with all other other commission rules and with all other
applicable laws and federal law.applicable laws and federal law.
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Powers & Duties of Powers & Duties of
CommissionCommissionCommission has the powersCommission has the powers
and duties to;and duties to;
± ±Determine the qualifications of Determine the qualifications of
license holders, registrants, andlicense holders, registrants, and
commissioned security officers.commissioned security officers.
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Powers & Duties of Powers & Duties of
CommissionCommissionDefinition of License Holder;Definition of License Holder;
± ±³License Holder´³License Holder´ means ameans a
person to whom theperson to whom the
commission issues a license.commission issues a license.
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Powers & Duties of CommissionPowers & Duties of Commission
Definition of Registrant;Definition of Registrant;
± ±³³RegistrantRegistrant´ means an individual´ means an individualwho has registered with thewho has registered with the
commission under Sectioncommission under Section
1702.221.1702.221.
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Powers & Duties of CommissionPowers & Duties of Commission
Definition of CommissionedDefinition of Commissioned
Security Officer;Security Officer;
± ±³³Commissioned Security Officer´Commissioned Security Officer´
means a security officer to whom ameans a security officer to whom a
security officer commission has beensecurity officer commission has been
issued by the commission.issued by the commission.
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Powers & Duties of CommissionPowers & Duties of Commission
Definition of License;Definition of License;
³License´³License´ means a permit issuedmeans a permit issued
by the commission that entitles aby the commission that entitles aperson to operate as a securityperson to operate as a security
services contractor or services contractor or
investigations company.investigations company.
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Powers & Duties of CommissionPowers & Duties of Commission
Definition of Registration;Definition of Registration;
± ±³³RegistrationRegistration´ means a permit´ means a permitissued by the commission to anissued by the commission to an
individual described by Sectionindividual described by Section
1702.2211702.221
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Powers & Duties of CommissionPowers & Duties of Commission
Definition of Security Officer Definition of Security Officer
Commission;Commission; ± ±³Security Officer Commission´³Security Officer Commission´
means an authorization issued bymeans an authorization issued by
the commission that entitles athe commission that entitles asecurity officer to carry a firearm.security officer to carry a firearm.
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Powers & Duties of CommissionPowers & Duties of Commission
Commission has the powers and duty to;Commission has the powers and duty to; ± ± Investigate alleged violations of this chapter andInvestigate alleged violations of this chapter and
of commission rules.of commission rules.
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Powers & Duties of CommissionPowers & Duties of Commission
Commission has the powers and duty to;Commission has the powers and duty to;
± ± Adopt rules necessary to implement this Adopt rules necessary to implement this
chapter.chapter.
± ± Establish and enforce standards governingEstablish and enforce standards governing
the safety and conduct of each personthe safety and conduct of each personlicensed, registered or commissioned under licensed, registered or commissioned under
this chapter.this chapter.
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Powers & Duties of CommissionPowers & Duties of Commission
Commission shall have aCommission shall have a sealseal inin
the form prescribed by thethe form prescribed by thecommission.commission.
Can we use theCan we use the sealseal of theof the
commission on our business card,commission on our business card,letterhead or contracts?letterhead or contracts?
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Powers & Duties of CommissionPowers & Duties of Commission
NO!NO!
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Powers & Duties of CommissionPowers & Duties of Commission
The commission may commissionThe commission may commission investigatorsinvestigators
who are employedwho are employed fullfull--timetime by the commissionby the commission
asas peace officerspeace officers for the limited purpose of for the limited purpose of
assisting the commission in investigating allegedassisting the commission in investigating allegedviolations!violations!
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Powers & Duties of CommissionPowers & Duties of Commission
Do these officers carry a badge?Do these officers carry a badge?
Do these officers carry a gun?Do these officers carry a gun?
Can these officers be either in a DPSCan these officers be either in a DPSuniform or in plain clothes when they comeuniform or in plain clothes when they comevisit?visit?
Yes!!!!!!!!!!! To all three!Yes!!!!!!!!!!! To all three!
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Powers & Duties of CommissionPowers & Duties of Commission
Can these officers write you aCan these officers write you a
subpoenasubpoena on the spot?on the spot?
Can these officers write you aCan these officers write you a citationcitationfor a violation?for a violation?
Can these officersCan these officers arrest youarrest you for afor a
violation?violation?Yes!!!!!!!!! To all three!Yes!!!!!!!!! To all three!
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Rulemaking ProceduresRulemaking Procedures
The board may only adopt rulesThe board may only adopt rulesunder this chapter on the approval of under this chapter on the approval of the Public Safety Commission.the Public Safety Commission.
The Public Safety Commission is over The Public Safety Commission is over the Texas Department of Publicthe Texas Department of PublicSafety! The DPS oversees the TexasSafety! The DPS oversees the Texas
Private Security Bureau.Private Security Bureau.
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Rulemaking ProceduresRulemaking Procedures
Before adopting a rule, the boardBefore adopting a rule, the board
must:must:
± ±Determine the need for theDetermine the need for theproposal;proposal;
± ±Work with persons who will beWork with persons who will be
affected by the rule;affected by the rule;
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Rulemaking ProceduresRulemaking Procedures
Before adopting a rule, the board must:Before adopting a rule, the board must:
± ± Consult with an attorney in the department¶sConsult with an attorney in the department¶sregulatory licensing service to draft the ruleregulatory licensing service to draft the rule
and ensure that the proposed rule compliesand ensure that the proposed rule complies
with statutory requirements regardingwith statutory requirements regarding
administrative rules; andadministrative rules; and
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Rulemaking ProceduresRulemaking Procedures
Before adopting a rule, the board must:Before adopting a rule, the board must: ± ± Submit the proposed rule to the department¶sSubmit the proposed rule to the department¶s
general counsel, director, and chief accountantgeneral counsel, director, and chief accountantfor consideration of the proposed impact on thefor consideration of the proposed impact on thedepartment and to ensure that the proposeddepartment and to ensure that the proposed
rule is within the board¶s authority.rule is within the board¶s authority.
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Rulemaking ProceduresRulemaking Procedures
On the completion of the required publication andOn the completion of the required publication andcomment periods, the Public Safety Commission shall:comment periods, the Public Safety Commission shall:
± ± Return the proposed rule to the board if.Return the proposed rule to the board if.The commission identifies a problem with theThe commission identifies a problem with therule that must be resolved before the rule isrule that must be resolved before the rule isapproved; or approved; or
A comment requiring resolution is received A comment requiring resolution is receivedduring the comment period; or during the comment period; or
Place the rule on the commission¶s agenda for Place the rule on the commission¶s agenda for final approval during the commission¶s nextfinal approval during the commission¶s nextregularly scheduled meeting.regularly scheduled meeting.
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Rulemaking ProceduresRulemaking Procedures
On approval of the proposed rule byOn approval of the proposed rule by
the Public Safety Commission, thethe Public Safety Commission, thedepartment shall comply with thedepartment shall comply with therequirements of Chapter 2001,requirements of Chapter 2001,
Government Code, for finalGovernment Code, for finaladoption of the rule.adoption of the rule.
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Application of Sunset Law Application of Sunset Law
The Texas Commission on PrivateThe Texas Commission on Private
Security is subject to Chapter 325,Security is subject to Chapter 325,
Government Code (Texas SunsetGovernment Code (Texas Sunset Act). Unless continued in existence Act). Unless continued in existence
by that chapter, the commission isby that chapter, the commission is
abolished and this chapter expiresabolished and this chapter expiresSeptember 1, 2009.September 1, 2009.
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General Scope of RegulationsGeneral Scope of Regulations
The commission, in addition to performingThe commission, in addition to performingduties required by other law or exercisingduties required by other law or exercisingpowers granted by other law:powers granted by other law:
(1) licenses investigations companies and(1) licenses investigations companies andsecurity services contractor;security services contractor;
(2) issues commissions to certain security(2) issues commissions to certain securityofficers;officers;
(3) issues authorizations to certain security(3) issues authorizations to certain securityofficers engaged in the personal protection of officers engaged in the personal protection of individuals:individuals:
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General Scope of RegulationsGeneral Scope of Regulations
(4) registers:(4) registers:
(A) certain individuals connected with a license holder and(A) certain individuals connected with a license holder and
(B) certain individuals employed in a field connected to(B) certain individuals employed in a field connected to
private investigations or private security; andprivate investigations or private security; and(5) regulates license holders, security officers, and(5) regulates license holders, security officers, and
registrants under this chapter.registrants under this chapter.
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