|
Commissioned Security Officer
Sec. 1702.002. DEFINITIONS.
(5) "Commissioned security officer" means a security officer to
whom a security officer commission has been issued by the Private
Security Bureau
(21) "Security officer commission" means an authorization issued
by the Private Security Bureau that entitles a security officer
to carry a firearm.
(8) "Firearm" has the meaning assigned by Section 46.01, Penal
Code.
430.01 REQUIREMENTS FOR ISSUANCE OF A SECURITY OFFICER COMMISSION
BY THE PRIVATE SECURITY BUREAU
A. Applicant shall have successfully completed an approved 30-hour
training program and be awarded a certificate of completion from
a Private Security Bureau approved security officer training school.
B. The licensed company shall submit and maintain on file with
the Private Security Bureau color photographs of the company uniform(s)
shown in full length and as worn by its security officer employees,
size 8 inches by 10 inches desired, 3 inches by 5 inches minimum
acceptable. The photographs shall show the entire uniform, including
a close-up of the badge, shoulder patch, and nameplate.
430.02 APPLICATION FOR A SECURITY OFFICER COMMISSION
A completed security officer commission application shall be submitted
on the most current version of the form provided by the Private
Security Bureau.
A. The application shall include
1. The required fee;
2. At least two sets of fingerprints on fingerprint cards obtained
from the Private Security Bureau and the $25.00 FBI Fingerprint
Check Fee;
3. A copy of the applicant’s Level I and Level II certificate
of completion; and
4. A copy of the certificate of completion provided to the applicant
from a Private Security Bureau approved Level III training school.
a) The employer shall affix one recent color photograph to the
pocket card when received and
b) The photograph shall be 1” x 1 1/4”
B. Incomplete applications cannot be processed and will be returned
for clarification or missing information.
433.02 FINGERPRINTS
A. An applicant for a registration, security officer commission
or license under the provisions of this Act whose registration
or commission has been expired for a period of time less than
six months is not required to submit new fingerprint cards when
making application.
B. Notwithstanding Private Security Bureau Section 433.05 of this
title relating to Registration Deadline a licensee shall obtain
the fingerprints of an applicant for a registration or security
officer commission prior to assigning the applicant to duty.
434.04 PRE-EMPLOYMENT CHECK
The employer of a commissioned security officer or registrant
shall exercise due diligence in ensuring that an applicant's qualifications
meet the provisions of Section 1702.113 of the Act, prior to duty
assignment.
433.04 LICENSED COMPANY RESPONSIBLE FOR THE REGISTRATION OF EMPLOYEES
It shall be the responsibility of the licensed company to register
all employees required to register under the Act, with the Private
Security Bureau.
433.05 REGISTRATION DEADLINE
Any person required to be registered with the Private Security Bureau
must have their application on file within 14 days after commencing
employment. Failure to comply may, at the discretion of the Private
Security Bureau Manager, result in denial of the
application.
433.00 - GENERAL REGISTRATION REQUIREMENTS
433.01 EMPLOYMENT REQUIREMENTS
A. A registrant or commissioned security officer of a licensed
company must meet the specifications defined by the Internal Revenue
Service as an "employee"- or “contract laborer.”
B. A licensee shall not make application for any person knowing
that the conditions of that person's employment do not conform
to Subsection (A) of this Section.
C. In the public interest and to ensure the good conduct of applicants
for a registration or a security officer commission, they shall
meet the requirements of Section 1702.113 of the Act.
430.03 DRUG TESTING REQUIRED FOR COMMISSIONED SECURITY OFFICERS
A. At least 15% of a licensee’s commissioned security officers
at the main office and branch offices must submit to a commercially
available means of drug screening, or be examined by a licensed
physician each quarter and be declared in writing to show no trace
of drug dependency or illegal drug use.
B. Any drug test performed under subsection (a) of this section
shall include tests for at least methamphetamine, THC and other
cannibinoids, cocaine, opiates and amphetamines.
C. No licensee shall place on duty any commissioned security officer
who tests positive for any drug(s) or substance(s) until a successive
test indicates no trace of the drug(s) or substance(s) for which
the tests are performed.
433.01 EMPLOYMENT REQUIREMENTS
D. No licensee shall place on duty any employee who tests positive
for any drug(s) or substance(s) until a successive test indicates
no trace of the drug(s) or substance(s) for which the tests are
performed, unless such medication is being taken under the direction
of a license physician.
Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER COMMISSION.
The employer of a security officer who applies for a security officer
commission for the officer must submit an application to the Private
Security Bureau on a form provided by the Private Security Bureau.
Sec. 1702.163. QUALIFICATIONS FOR SECURITY OFFICER COMMISSION.
(a) The Private Security Bureau may not issue a security officer
commission to an applicant employed by a license holder unless the
applicant submits satisfactory evidence the applicant
has:
(1) completed the basic training course at a school
or under an instructor approved by the Private Security Bureau;
(2) met each qualification established by this chapter and Private
Security Bureau rule;
(3) achieved the score required by the Private Security Bureau
on the examination under Section 1702.1685; and
(4) demonstrated to the satisfaction of the firearm training instructor
that the applicant has complied with Private Security Bureau standards
for minimum marksmanship competency with a shotgun..
(b) The Private Security Bureau may not issue a security officer
commission to an individual who:
(1) is younger than 18 years of age;
(2) is a convicted felon; or
(3) has committed an act that, if committed by a license holder,
would be grounds for suspension or revocation of a license.
Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION; POCKET
CARD.
(a) The Private Security Bureau, with the concurrence of the Texas
Department of Public Safety:
(1) may issue a security officer commission to an individual employed
as a uniformed security officer; and
(2) shall issue a security officer commission to a qualified employee
of an armored car company that is a carrier conducting the armored
car business under a federal or state permit or certificate.
(b) A security officer commission issued under this section must
be in the form of a pocket card designed by the Private Security
Bureau that identifies the security officer.
430.05 CARRYING OF A SECURITY OFFICER COMMISSION
A private security officer who has been issued a security officer
commission shall carry it while on duty and going to and from
the place of assignment and shall present it upon request by a
peace officer or to an investigator employed by the Private Security
Bureau.
Sec. 1702.166. GEOGRAPHICAL SCOPE OF SECURITY OFFICER COMMISSION.
(a) Except as provided by Subsections (b) and (c), the geographical
scope of a security officer commission is restricted to one named
county and each county contiguous to the named county.
(b) The Private Security Bureau, with the concurrence of the Texas
Department of Public Safety, may issue a security officer commission
that is broader in geographical scope than that specified in Subsection
(a) if the broader scope is shown to be in the public interest
and necessary to the performance of the security officer's duties.
424.09 UNIFORM REQUIREMENTS
A. Each commissioned security officer shall, at a minimum, display
on the outermost garment the name of the company under whom the
commissioned security officer is employed, the word “Security”
and identification which contains the last name of the security
officer.
B. The name of the company and the word “Security” shall be of
a size, style, shape, design, and type which is clearly visible
by reasonable person under normal conditions.
424.09 UNIFORM REQUIREMENTS
D. No license shall display a badge, shoulder patch, logo or any
other identification which contains the words “Law Enforcement”
and/or similar word (s) including, but not limited to: agent,
enforcement agent, detective, task force, fugitive recovery agent
or any other combination of names which gives the impression that
the bearer is in any way connected with the Federal government,
State government or any political subdivision of a State government
Sec. 1702.130. USE OF CERTAIN TITLES, UNIFORMS, INSIGNIA, OR IDENTIFICATIONS
PROHIBITED. (a) A license holder, or an officer, director, partner,
manager, or employee of a license holder, may not:
(1) use a title, an insignia, or an identification card, wear
a uniform, or make a statement with the intent to give an impression
that the person is connected with the federal government, a state
government, or a political subdivision of a state government;
or
(2) use a title, an insignia, or an identification card or wear
a uniform containing the designation "police."
(3) Subsection (a) does not prohibit a commissioned security officer
employed by a political subdivision of this state from using a
title, insignia, or identification card, wearing a uniform, or
making a statement indicating the employment of that individual
by the political subdivision.
424.00 - STANDARDS
424.04 STANDARDS OF CONDUCT
E. Commissioned security officers or personal protection officers
shall carry only a firearm of the category with which they have
been formally trained and of which training documentation is on
file with the Private Security Bureau. Firearm categories will
be shown on the individual's registration card and will be:
1. SA: any handgun, whether semi-automatic or not,
2. NSA: handguns that are not semi-automatic,
3. STG: any shotgun.
F. No commissioned security officer or personal protection officer
shall carry an inoperative, unsafe, replica or simulated firearm
while in the course and scope of their employment.
G. No commissioned security officer or personal protection officer
shall brandish, point, exhibit, or otherwise display a firearm
at anytime, except as authorized by law.
H. The discharge of a firearm while in the performance of their
duty by any person registered, or commissioned by a licensee shall
be reported to the Austin office of the Private Security Bureau
ommission. Notification of the discharge of a firearm shall be in
writing within 24 hours of the incident, and shall be faxed by the
licensee, or manager. The fax shall be addressed to the Private
Security Bureau Manager at (512) 424-7729. The fax shall include:
1. Name of the person discharging the firearm:
2. Name of the employer;
3. Location of the incident;
4. A brief narrative of what happened;
5. Whether death, personal injury or property damaged resulted,
and
6. Whether the incident is being or was investigated by a law
enforcement agency.
430.04 VIOLATIONS BY COMMISSIONED SECURITY OFFICERS
In additional to other rules, a commissioned security officer
shall not:
A. Perform commissioned security officer duties for any person(s)
other than the employer as indicated in the Private Security Bureau
records;
B. Carry a pocket card to which the security officer has failed
to affix his signature and photograph to the Private Security Bureau
card;
C. Fail to timely surrender his commission card upon written notice
served by the Private Security Bureau;
D. Possess or use any security officer commission which has been
altered; or
E. Deface or allow improper use of his security officer commission.
Sec. 1702.169. FIREARM RESTRICTIONS.
A commissioned security officer may not carry a firearm unless:
(1) the security officer is:
(A) engaged in the performance of duties as a security officer;
or
(B) traveling directly to or from the place of assignment;
(2) the security officer wears a distinctive uniform indicating
that the individual is a security officer; and the firearm is
in plain view, except as provided by Section 1702.206.
422.01 FRAUDULENT APPLICATION PROHIBITED
Applications submitted to the Private Security Bureau are government
documents and/or records. A fraudulent application for a license,
registration or security officer commission pursuant to the Act
is a criminal offense. Applicants that willfully make false statements
in making applications for licenses, registrations, or security
officer commissions pursuant to the Act, or otherwise commit a
violation in connection with such application, will be subject
to prosecution.
422.02 PERMITTING OR ALLOWING VIOLATIONS
Any person who has applied for or been issued a license, registration,
security officer commission, instructor approval, school approval,
or letter of authority, shall not knowingly permit or allow any
person to violate a provision of the Act, a Private Security Bureau
rule, or any Criminal Statute.
Sec. 1702.161. SECURITY OFFICER COMMISSION REQUIRED.
(a) An individual may not accept employment as a security officer
to carry a firearm in the course and scope of the individual's
duties unless the individual holds a security officer commission.
(b) An individual employed as a security officer may not knowingly
carry a firearm during the course of performing duties as a security
officer unless the Private Security Bureau has issued a security
officer commission to the individual.
(c) A person may not hire or employ an individual as a security
officer to carry a firearm in the course and scope of the individual's
duties unless the individual holds a security officer commission.
440.13 SECURITY OFFICER TRAINING MANUAL AND EXAMINATION
A. The Private Security Bureau's most current version training
manual shall be used by all approved Level III training schools.
B. All students of a Level III training school shall be tested
with the most current version examination prepared by and obtained
from the Private Security Bureau.
C. The passing grade of all examinations shall be a minimum of
75% correct answers.
Sec. 1702.1675. TRAINING PROGRAMS.
(a) The Private Security Bureau shall establish a basic training
course for commissioned security officers. The course must include,
at a minimum: (1) general security officer training
issues;
(2) classroom instruction on handgun proficiency; and
(3) range instruction on handgun proficiency.
(b) The course must be offered and taught by schools and instructors
approved by the Private Security Bureau. To receive commission approval,
a school or an instructor must submit an application on a form provided
by the Private Security Bureau.
(c) The basic training course must consist of a minimum of 30 hours.
(d) The general security officer-training portion of the course
must include instruction on:
(1) Private Security Bureau rules and applicable state
laws;
(2) field note taking and report writing; and
(3) any other topics of security officer training curriculum the
Private Security Bureau considers necessary.
(e) The Private Security Bureau shall develop a commissioned security
officer training manual that contains applicable state laws and
Private Security Bureau rules to be used in the instruction and
training of commissioned security officers.
(f) The commission shall adopt rules necessary to administer the
provisions of this section concerning the training requirements
of this chapter.
(g) The handgun proficiency course must include at least 10 hours
and not more than 15 hours of instruction on:
(1) the laws that relate to weapons and to the use of deadly force;
(2) handgun use, proficiency, and safety;
(3) nonviolent dispute resolution; and
(4) proper storage practices for handguns, with an emphasis on
storage practices that eliminate the possibility of accidental
injury to a child.
(h) The range instruction on handgun proficiency must include
an actual demonstration by the applicant of the applicant’s ability
to safely and proficiently use a handgun. The applicant must demonstrate,
at a minimum, the degree of proficiency that is required to effectively
operate a 9-millimeter or .38-caliber handgun.
(i) The Private Security Bureau by rule shall establish minimum
standards for handgun proficiency that are at least as stringent
as the standards for handgun proficiency developed by the public
safety director under Section 411.188, Government Code.
Sec. 1702.168. FIREARM REQUIREMENTS.
(a) In addition to the requirements of Section 1702.163(a), the
Private Security Bureau by rule shall establish other qualifications
for individuals who are employed in positions requiring the carrying
of firearms. The qualifications may include:
(1) physical and mental standards;
(2) standards of good moral character; and
(3) other requirements that relate to the competency and reliability
of individuals to carry firearms.
(b) The Private Security Bureau shall prescribe appropriate forms
and adopt rules by which evidence is presented that the requirements
are fulfilled.
Sec. 1702.1685. HANDGUN PROFICIENCY EXAMINATION.
(a) The proficiency examination required to obtain or renew a
security officer commission must include:
(1) a written section on the subjects listed in Section 1702.1675.
(g); and
(2) a physical demonstration of handgun proficiency that meets
the minimum standards established under Section 1702.1675 (h)
or (i).
(b) Only a Private Security Bureau-approved instructor may administer
the handgun proficiency examination.
(c) An applicant for a security officer commission must demonstrate
the required proficiency within the 90-day period before the date
the security officer commission is issued.
(d) The school shall maintain the records of the required proficiency
and make the records available for inspection by the Private Security
Bureau.
440.09 FIREARM COURSES
A. In addition to the firearm qualification requirements as set
forth in the Act, a firearm instructor may qualify a student by
using:
1. The Texas Department of Public Safety Practical Combat Pistol
Course;
2. The Federal Law Enforcement Training Center Practical Pistol
Course;
3. The Texas Department of Public Safety Approved Concealed Handgun
Weapons Range Qualifications course; or
4. Other training as may be approved by the Private Security Manager.
B. All individuals qualifying with a firearm to satisfy the requirements
of the Act or Private Security Bureau rules shall qualify with
an actual demonstration by the individual of their ability to
safely and proficiently use the category of firearm for which
the individual seeks qualification.
C. The categories of handguns are: SA: any handgun, whether semi-automatic
or not; and NSA: handguns that are not semi-automatic.
D. The category for any shotgun is STG.
440.10 SHOTGUN TRAINING
Competency with a shotgun shall be determined by the firearms
training instructor after instructing the student in the operation
of a shotgun, and the satisfactory completion of the Shotgun Training
requirements of Rule 440.11.
440.11 SHOTGUN TRAINING REQUIREMENTS
Any commissioned security officer licensed by the Private Security
Bureau who, in the performance of his/her duties, has a shotgun
available to assist in the protection of life or property must
demonstrate competency by successfully completing the course of
fire for shotgun training. The course of fire shall consist of
nine rounds of nine (9) pellet “00” buckshot fired as follows:
A. From a standing position at a distance of fifteen (15) yards,
three (3) rounds of “00” buckshot in twelve (12) seconds;
B. From a standing position at a distance of ten (10) yards, three
(3) rounds of “00” buckshot in ten (10) seconds;
C. From a standing position at a distance of five (5) yards, three
(3) rounds of “00” buckshot in ten (10) seconds; or
D. An alternate course of fire may be approved by the Private
Security Bureau Manager upon receipt of written application.
E. A biennial familiarization of six (6) rounds of “00” buckshot
shall be required for renewal of a security officer commission.
1. The course of fire shall be as outlined in Rule 440.11 reducing
the number of rounds from three (3) to two (2) with a commensurate
halving of time in each category.
2. The Private Security Bureau Manager may approve
an alternate course of fire upon receipt of written application.
Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED SECURITY
OFFICER; TRANSFER OF COMMISSION.
The holder of a security officer commission who terminates employment
with one employer may transfer the individual's commission to a
new employer if, not later than the 14th day after the date the
individual begins the new employment, the new employer notifies
the Private Security Bureau of the transfer of employment on a form
prescribed by the Private Security Bureau, accompanied by payment
of the employee information update fee.
430.06 RENEWAL OF SECURITY OFFICER COMMISSION
The renewal period for security officer commissions shall be the
calendar month prior to the expiration of the security officer
commission.
Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL.
(a) The Private Security Bureau by rule shall develop a continuing
education course in handgun proficiency required for renewal of
a security officer commission. Only a Private Security Bureau-approved
instructor may administer the continuing education course. The course
must include:
(1) at least four hours of instruction on one or more
of the subjects listed in Section 1702.1675 (g); and
(2) other information that the Private Security Bureau
Manager determines is appropriate.
(b) A commissioned security officer must demonstrate the proficiency
required under Section 1702.1685 within the 90-day period before
the date the commission is renewed.
442.01 CONTINUING EDUCATION COURSES
5. Commissioned security officers and personal protection officers
shall complete six (6) hours of continuing education. Continuing
education for commissioned security officers and personal protection
officers must be taught by schools and instructors approved by the
Private Security Bureau to instruct commissioned security officers
as defined in 1702.1685. Commissioned security officers shall submit
a firearms proficiency certificate along with their renewal application.
Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS.
The Private Security Bureau shall adopt rules for the maintenance
of records relating to an individual issued a security officer commission.
434.00 - COMPANY RECORDS
434.01 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:
A. Full name of employee, date of employment, position and address;
B. Social Security Number;
C. Last date of Employment;
D. Date and place of birth; and
E. One color photograph; and
F. The results of any drug screens for commissioned security officers.
434.02 LOCATION OF RECORDS
Records of registered employees shall be maintained at the following
locations:
A. If a company has no branch offices, the records shall be maintained
at the principal place of business.
B. If a company has one or more branch offices, the records shall
be maintained at the branch office where the registrant or commissioned
security officer is employed.
C. A company shall notify the Private Security Bureau of any centralization
of records when a branch is closed or if records from area branch
offices are centralized.
434.03 RECORDS TO BE AVAILABLE FOR INSPECTION
All records required to be kept under the provisions of the Act
and Private Security Bureau Rules shall be made available for inspection
by Private Security Bureau staff during normal business hours.
434.05 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
Private Security Bureau inspection. The records shall contain:
A. Current residence of the security officer;
B. Current duty assignment and location of assignment; and
C. Results of any drug screens administered;
D. Documented information on training required and provided.
Sec. 1702.170. NONAPPLICABILITY OF FIREARM RESTRICTIONS.
Sections 1702.161, 1702.169, and 1702.206 do not apply to the
holder of a temporary security officer commission who:
(1) is in uniform;
(2) possesses only one firearm; and
(3) is performing the individual's duties.
|
|