Texas Department of Public Safety Private Security Bureau - Qualified Manager Exam Correct 100%

Texas Private Security Act CH. 1702.004(a) - General Provisions - Answer (a) The board, in addition to performing duties required by other law or exercising powers granted by other law: (1) licenses investigations companies and security services contractors; (2) issues commissions to certain security officers; (3) issues endorsements to certain security officers engaged in the personal protection of individuals; (4) registers and endorses: (A) certain individuals connected with a license holder; and (B) certain individuals employed in a field connected to private investigation or private security; and (5) regulates license holders, security officers, registrants, and endorsement holders under this chapter. Texas Private Security Act CH. 1702.004(b) - General Provisions - Answer (b) The board shall adopt rules necessary to comply with Chapter 53. In its rules under this section, the board shall list the specific offenses for each category of regulated persons for which a conviction would constitute grounds for the board to take action under Section 53.021. Texas Private Security Act CH. 1702.005(a) - Department of Public Safety - Answer (a) The board created under Section 1702.021 is a part of the department. The department shall administer this chapter through the board. Texas Private Security Act CH. 1702.005(b) - Department of Public Safety - Answer (b) A reference in this chapter or another law to the Texas Commission on Private Security means the board. Texas Private Security Act CH. 1702.006 - Foreign Entity Registration - Answer Licensure under this chapter does not exempt a foreign entity from the registration requirements of Chapter 9, Business Organizations Code. Texas Private Security Act CH. 1702.021(a) - Board Membership - Answer (a) The Texas Private Security Board consists of seven members appointed by the governor with the advice and consent of the senate as follows: (1) three public members, each of whom is a citizen of the United States; (2) one member who is licensed under this chapter as a private investigator; (3) one member who is licensed under this chapter as an alarm systems company; (4) one member who is licensed under this chapter as the owner or operator of a guard company; and (5) one member who is licensed under this chapter as a locksmith. Texas Private Security Act CH. 1702.021(b) - Board Membership - Answer b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. Texas Private Security Act CH. 1702.023 - Eligibility of Public Members - Answer The board's public members must be representatives of the general public. A person may not be a public member of the board if the person or the person's spouse: (1) is registered, commissioned, certified, or licensed by a regulatory agency in the field of private investigations or private security; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the board; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the board; or (4) uses or receives a substantial amount of tangible goods, services, or money from the board other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. Texas Private Security Act CH. 1702.024(a) - Membership and Employee Restrictions - Answer (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests. Texas Private Security Act CH. 1702.024(b) - Membership and Employee Restrictions - Answer (b) A person may not be a board member, and may not be a department employee whose primary duties include private security regulation and who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of private investigation or private security; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private investigation or private security. Texas Private Security Act CH. 1702.024(c) - Membership and Employee Restrictions - Answer (c) A person may not be a board member or act as general counsel to the board or agency if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the agency. Texas Private Security Act CH. 1702.025(a) - Terms; Vacancies - Answer (a) The board members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year. Texas Private Security Act CH. 1702.025(b) - Terms; Vacancies - Answer (b) If a vacancy occurs during the term of a board member, the governor shall appoint a new member to fill the unexpired term. Texas Private Security Act CH. 1702.026(a) Officers - Answer (a) The governor shall designate one board member as presiding officer to serve in that capacity at the will of the governor. The governor shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age, or national origin. Texas Private Security Act CH. 1702.026(b) - Officers - Answer (b) The board shall elect from among its members an assistant presiding officer and a secretary to serve two- year terms beginning on September 1 of each odd- numbered year. Texas Private Security Act CH. 1702.026(c) - Officers - Answer (c) The presiding officer of the board or, in the absence of the presiding officer, the assistant presiding officer shall preside at each board meeting and perform the other duties prescribed by this chapter. Texas Private Security Act CH. 1702.027(a) - Grounds for Removal - Answer (a) It is a ground for removal from the board that a member: (1) does not have the qualifications required by Section 1702.021 at the time of taking office; (2) does not maintain the qualifications required by Section 1702.021 during service on the board; (3) is ineligible for membership under Section 1702.023 or 1702.024; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board. Texas Private Security Act CH. 1702.027(b) - Grounds for Removal - Answer (b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists. Texas Private Security Act CH. 1702.027(c) - Grounds for Removal - Answer (c) If the chief administrator has knowledge that a potential ground for removal exists, the chief administrator shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the chief administrator shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists. Texas Private Security Act CH. 1702.028(a) - Per Diem; Reimbursement - Answer (a) A board member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of the board. Texas Private Security Act CH. 1702.028(b) - PerDiem; Reimbursement - Answer (b) A member is entitled to reimbursement for travel expenses incurred while conducting board business, including expenses for transportation, meals, and lodging, as prescribed by the General Appropriations Act. Texas Private Security Act CH. 1702.029 - Meetings - Answer The board shall meet at regular intervals to be decided by the board. Texas Private Security Act CH. 1702.030(a) - Training - Answer (a) A person who is appointed to and qualifies for office as a board member may not vote, deliberate, or be counted as a member in attendance at a board meeting until the person completes a training program that complies with this section. Texas Private Security Act CH. 1702.030(b) - Training - Answer (b) The training program must provide the person with information regarding: (1) this chapter; (2) the programs operated by the board; (3) the role and functions of the board; (4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the board; (6) the results of the most recent formal audit of the board; (7) the requirements of: (A) the open meetings law, Chapter 551, Government Code; (B) the public information law, Chapter 552, Government Code; (C) the administrative procedure law, Chapter 2001, Government Code; and (D) other laws relating to public officials, including conflict of interest laws; and (8) any applicable ethics policies adopted by the board or the Texas Ethics Commission. Texas Private Security Act CH. 1702.030(c) - Training - Answer (c) A person appointed to the board is entitled to Page 7 of 44 reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. Texas Private Security Act CH. 1702.041(a) - Chief Administrator - Answer (a) The chief administrator is responsible for the administration of this chapter under the direction of the board. The chief administrator shall perform duties as prescribed by the board and the department. Texas Private Security Act CH. 1702.041(b) - Chief Administrator - Answer (b) The chief administrator is a full-time employee of the department. A board member may not serve as chief administrator. Texas Private Security Act CH. 1702.042 - Personnel; Conflict of Interest - Answer An employee of the department whose primary duties include private security regulation may not: (1) have a financial or business interest, contingent or otherwise, in a security services contractor or investigations company; or (2) be licensed under this chapter. Texas Private Security Act CH. 1702.043 - Division of Responsibilities - Answer The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the chief administrator and staff of the department. Texas Private Security Act CH. 1702.044 - Qualifications and Standards of Conduct Information - Answer The chief administrator or the chief administrator's designee shall provide to board members and to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. Texas Private Security Act CH. 1702.047 - Administrative Staff - Answer The department shall designate a department employee who shall report directly to the board. The employee designated under this section shall provide administrative assistance to the board in the performance of the board's duties. Texas Private Security Act CH. 1702.061(a) - General Powers and Duties of Board - Answer (a) The board shall perform the functions and duties provided by this chapter. Texas Private Security Act CH. 1702.061(b) - General Powers and Duties of Board - Answer (b) The board shall adopt rules and general policies to guide the agency in the administration of this chapter Texas Private Security Act CH. 1702.061(c) - General Power and Duties of Board - Answer (c) The rules and policies adopted by the board under Subsection (b) must be consistent with this chapter and other board rules adopted under this chapter and with any other applicable law, state rule, or federal regulation. Texas Private Security Act CH. 1702.061(d) - General Powers and Duties of Board - Answer (d) The board has the powers and duties to: (1) determine the qualifications of license holders, registrants, endorsement holders, and commissioned security officers; (2) investigate alleged violations of this chapter and of board rules; (3) adopt rules necessary to implement this chapter; and (4) establish and enforce standards governing the safety and conduct of each person licensed, Page 8 of 44 registered, or commissioned under this chapter Texas Private Security Act CH. 1702.061(e) - General Powers and Duties of Board - Answer (e) The board shall have a seal in the form prescribed by the board. Texas Private Security Act CH. 1702.0611(a) - Rulemaking Procedures - Answer (a) The board may only adopt rules under this chapter on the approval of the Public Safety Commission as provided by this section. Texas Private Security Act CH. 1702.0611(b) - Rulemaking Procedures - Answer (b) Before adopting a rule under this chapter, the board must: (1) determine the need for the proposed rule; (2) work with persons who will be affected by the rule to ensure consideration of all relevant issues regarding the proposed rule; (3) consult with an attorney in the department's regulatory licensing service to draft the rule and ensure that the proposed rule complies with statutory requirements regarding administrative rules; and (4) submit the proposed rule to the department's general counsel, director, and chief accountant for consideration of the proposed rule's impact on the department and to ensure that the proposed rule is within the board's authority. Texas Private Security Act CH. 1702.0611(c) - Rulemaking Procedures - Answer (c) On the completion of the required publication and comment periods under Chapter 2001, Government Code, the Public Safety Commission shall: (1) return the proposed rule to the board if: (A) the commission identifies a problem with the rule that must be resolved before the rule is approved; or (B) a comment requiring resolution is received during the comment period; or (2) place the rule on the commission's agenda for final approval during the commission's next regularly scheduled meeting. Texas Private Security Act CH. 1702.0611(d) - Rulemaking Procedures - Answer (d) On approval of the proposed rule by the Public Safety Commission, the department shall comply with the requirements of Chapter 2001, Government Code, for final adoption of the rule. Texas Private Security Act CH. 1702.0612(a) - Negotiated Rulemaking and Alternative Dispute Resolution - Answer (a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction. Texas Private Security Act CH. 1702.0612(b) - Negotiated Rulemaking and Alternative Dispute Resolution - Answer (b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. Texas Private Security Act CH. 1702.0612(c) - Negotiated Rulemaking and Alternative Dispute Resolution - Answer (c) The board shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (3) collect data concerning the effectiveness of those procedures, as implemented by the board. Texas Private Security Act CH. 1702.062(a) - Fees - Answer (a) The board by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter. The fees may not produce unnecessary fund balances. Texas Private Security Act CH. 1702.062(b) - Fees - Answer (b) The board may charge a fee each time the board requires a person regulated under this chapter to resubmit a set of fingerprints for processing by the board during the application process for a license, registration, endorsement, or commission. The board shall set the fee in an amount that is reasonable and necessary to cover the administrative expenses related to processing the fingerprints. Texas Private Security Act CH. 1702.062(c) - Fees - Answer (c) A person whose pocket card has not expired is not eligible to receive from the board another pocket card in the same classification in which the pocket card is held. Texas Private Security Act CH. 1702.0635 - Restrictions of Certain Rules - Answer The board may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be registered as an electronic access control device installer. Texas Private Security Act CH. 1702.064(a) - Rules Restricting Advertising or Competitive Bidding - Answer (a) The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by the person. Texas Private Security Act CH. 1702(b) - Rules Restricting Advertising or Competitive Bidding - Answer (b) The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the person's use of any medium for advertising; (2) restricts the person's personal appearance or use of the person's personal voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or (4) restricts the person's advertisement under a trade name. Texas Private Security Act CH. 1702.0645(a) - Payment of Fees and Fines - Answer (a) The board may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter. Texas Private Security Act CH. 1702.0645(b) - Payment of Fees and Fines - Answer (b) Rules adopted under this section may: (1) authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the board; and (2) require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine. Texas Private Security Act CH. 1702.066 - Service of Process; Service of Documents on Board - Answer Legal process and documents required by law to be served on or filed with the board must be served on or filed with the chief administrator at the designated office of the board. Texas Private Security Act CH. 1702.067 - Board Records; Evidence - Answer An official record of the board or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the board. Texas Private Security Act CH. 1702.068 - Appeal Bond Not Required - Answer The board is not required to give an appeal bond in any cause arising under this chapter. Texas Private Security Act CH. 1702.081(a) - Public Interest Information - Answer (a) The board shall prepare information of interest to consumers or recipients of services regulated under this chapter describing the board's regulatory functions and the procedures by which complaints are filed with and resolved by the board. Texas Private Security Act CH. 1702.081(b) - Public Interest Information - Answer (b) The board shall make the information available to the public and appropriate state agencies. Texas Private Security Act CH. 1702.082(a) - Complaints - Answer (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. Texas Private Security Act CH. 1702.082(b) - Complaints - Answer (b) The board shall make information available describing its procedures for complaint investigation and resolution. Texas Private Security Act CH. 1702.082(c) - Complaints - Answer (c) The board shall periodically notify the complaint parties of the status of the complaint until final disposition. Texas Private Security Act CH. 1702.082(d) - Complaints - Answer (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.28, eff. September 1, 2009. Texas Private Security Act CH. 1702.082(e) - Complaints - Answer (e) On written request, the department shall inform the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the information would jeopardize an ongoing investigation. Texas Private Security Act CH. 1702.083 - Public Participation - Answer The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction. Texas Private Security Act CH. 1702.084(a) - Public Access to Certain Records of Disciplinary Actions - Answer (a) The board shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the board the following information relating to a disciplinary action taken during the preceding three years regarding a person regulated by the board: (1) the identity of the person; (2) the nature of the complaint that was the basis of the disciplinary action taken against the person; and (3) the disciplinary action taken by the board. Texas Private Security Act CH. 1702.084(b) - Public Access to Certain Records of Disciplinary Actions - Answer (b) In providing the information, the board shall present the information in an impartial manner, use language that is commonly understood, and, if possible, avoid jargon specific to the security industry. Texas Private Security Act CH. 1702.084(c) - Public Access to Certain Records of Disciplinary Actions - Answer (c) The board shall update the information on a monthly basis. Texas Private Security Act CH. 1702.084(d) - Public Access to Certain Records of Disciplinary Actions - Answer (d) The board shall maintain the confidentiality of information regarding the identification of a complainant. Texas Private Security Act CH. 1702.085 - Confidentiality of Records - Answer Records maintained by the department under this chapter on the home address, home telephone number, driver's license number, or social security number of an applicant or a license holder, registrant, or security officer commission holder are confidential and are not subject to mandatory disclosure under Chapter 552, Government Code. Texas Private Security Act CH. 1702.101 - Investigations Company License Required - Answer Unless the person holds a license as an investigations company, a person may not: (1) act as an investigations company; (2) offer to perform the services of an investigations company; or (3) engage in business activity for which a license is required under this chapter. Texas Private Security Act CH. 1702.102(a) - Security Services Contractor License Required; Scope of License - Answer (a) Unless the person holds a license as a security services contractor, a person may not: (1) act as an alarm systems company, armored car company, courier company, guard company, guard dog company, locksmith company, or private security consultant company; (2) offer to perform the services of a company in Subdivision (1); or (3) engage in business activity for which a license is required under this chapter. Texas Private Security Act CH. 1702.102(b) - Security Services Contractor License Required; Scope of License - Answer (b) A person licensed only as a security services contractor may not conduct an investigation other than an investigation incidental to the loss, misappropriation, or concealment of property that the person has been engaged to protect. Texas Private Security Act CH. 1702.1025(a) - Electronic Access Control Device Company License Required; Scope of License - Answer (a) Unless the person holds a license as an electronic access control device company, a person may not: (1) act as an electronic access control device company; (2) offer to perform the services of an electronic access control device company; or (3) engage in business activity for which a license is required under this chapter. Texas Private Security Act CH. 1702.1025(b) - Electronic Access Control Device Company License Required; Scope of License - Answer (b) A person licensed as an electronic access control device company may not install alarm systems unless otherwise licensed or registered to install alarm systems under this chapter. Texas Private Security Act CH. 1702.103(a) - Classification and Limitation of Licenses - Answer (a) The license classifications are: (1) Class A: investigations company license, covering operations of an investigations company; (2) Class B: security services contractor license, covering operations of a security services contractor; (3) Class C: covering the operations included within Class A and Class B; (4) Class F: level III training school license; (5) Class O: alarm level I training school license; (6) Class P: private business letter of authority license; (7) Class X: government letter of authority license; and (8) Class T: telematics license. Texas Private Security Act CH. 1702.103(b) - Classification and Limitation of Licenses - Answer (b) A license described by this chapter does not authorize the license holder to perform a service for which the license holder has not qualified. A person may not engage in an operation outside the scope of that person's license. The board shall indicate on the license the services the license holder is authorized to perform. The license holder may not perform a service unless it is indicated on the license. Texas Private Security Act CH. 1702.103(c) - Classification and Limitation of Licenses - Answer (c) A license is not assignable unless the assignment is approved in advance by the board. Texas Private Security Act CH. 1702.103(d) - Classification and Limitation of Licenses - Answer (d) The board shall prescribe by rule the procedure under which a license may be terminated. Texas Private Security Act CH. 1702.103(e) - Classification and Limitation of Licenses - Answer (e) The board by rule may establish other license classifications for activities expressly regulated by this chapter and may establish qualifications and practice requirements consistent with this chapter for those license classifications. Texas Private Security Act CH. 1702.104(a) - Investigations Company - Answer (a) A person acts as an investigations company for the purposes of this chapter if the person: (1) engages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to: (A) crime or wrongs done or threatened against a person, state, or the United States; (B) the identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person; (C) the location, disposition, or recovery of lost or stolen property; or (D) the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property; (2) engages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee; (3) engages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or (4) engages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer. Texas Private Security Act CH. 1702.104(b) - Investigations Company - Answer (b) For purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public. The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if: (1) the review or analysis of computer-based data is performed only to diagnose a computer or software problem; (2) there is no intent to obtain or furnish information described by Subsection (a)(1); and (3) the discovery of any information described by Page 12 of 44 Subsection (a)(1) is inadvertent. Texas Private Security Act CH. 1702.1045 - Private Security Consulting Company - Answer A person acts as a private security consulting company for purposes of this chapter if the person: (1) consults, advises, trains, or specifies or recommends products, services, methods, or procedures in the security or loss prevention industry; (2) provides a service described by Subdivision (1) on an independent basis and without being affiliated with a particular service or product; and (3) meets the experience requirements established by the board. Texas Private Security Act CH. 1702.105(a) Alarm Systems Comapany - Answer (a) A person acts as an alarm systems company for the purposes of this chapter if the person sells, installs, services, monitors, or responds to an alarm system or detection device. Texas Private Security Act CH. 1702.105(b) - Alarm Systems Company - Answer (b) An alarm systems company may sell, install, maintain, or service, or offer to sell, install, maintain, or service, an electronic access control device or a mechanical security device that is capable of activation through a wireless signal. An alarm systems company may not rekey an electronic access control device or mechanical security device that can be activated by a key. This subsection does not apply to a mechanical security device or electronic access control device installed in a motor vehicle. Texas Private Security Act CH. 1702.1055 - Electronic Access Control Company - Answer A person acts as an electronic access control device company for the purposes of this chapter if the person installs or maintains an electronic access control device. Texas Private Security Act CH. 1702.1056(a) - Locksmith Company - Answer (a) A person acts as a locksmith company for the purposes of this chapter if the person: (1) sells, installs, services, or maintains, or offers to sell, install, service, or maintain, mechanical security devices, including deadbolts and locks; (2) advertises services offered by the company using the term "locksmith"; or (3) includes the term "locksmith" in the company's name. Texas Private Security Act CH. 1702.1056(b) - Locksmith Company - Answer (b) This section does not apply to a hotel, as that term is defined by Section 156.001, Tax Code. Texas Private Security Act CH. 1702.106 - Armored Car Company - Answer A person acts as an armored car company for the purposes of this chapter if the person provides secured and protected transportation of valuables, including money, coins, bullion, securities, bonds, or jewelry. Texas Private Security Act CH. 1702.107 - Courier Company - Answer A person acts as a courier company for purposes of this chapter if the person transports or offers to transport under armed guard an item that requires expeditious delivery, including a document, map, stock, bond, or check. Texas Private Security Act CH. 1702.108 - Guard Company - Answer A person acts as a guard company for the purposes of this chapter if the person employs an individual described by Section 1702.323(d) or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to: (1) prevent entry, larceny, vandalism, abuse, fire, or trespass on private property; (2) prevent, observe, or detect unauthorized activity on private property; (3) control, regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property; (4) protect an individual from bodily harm including through the use of a personal protection officer; or (5) perform a function similar to a function listed in Page 13 of 44 this section. Texas Private Security Act CH. 1702.109 - Guard Dog Company - Answer A person acts as a guard dog company for the purposes of this chapter if the person places, rents, sells, or trains a dog used to: (1) protect an individual or property; or (2) conduct an investigation. Texas Private Security Act CH. 1702.110(a) - Application for License - Answer (a) An application for a license under this chapter must be in the form prescribed by the board and include: (1) the full name and business address of the applicant; (2) the name under which the applicant intends to do business; (3) a statement as to the general nature of the business in which the applicant intends to engage; (4) a statement as to the classification for which the applicant requests qualification; (5) if the applicant is an entity other than an individual, the full name and residence address of each partner, officer who oversees the security- related aspects of the business, and director of the applicant, and of the applicant's manager; (6) if the applicant is an individual, the fingerprints of the applicant or, if the applicant is an entity other than an individual, of each officer who oversees the security-related aspects of the business and of each partner or shareholder who owns at least a 25 percent interest in the applicant, provided in the manner prescribed by the board; (7) a verified statement of the applicant's experience qualifications in the particular classification in which the applicant is applying; (8) a report from the department stating the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense; (9) the social security number of the individual making the application; and (10)other information, evidence, statements, or documents required by the board. Texas Private Security Act CH. 1702.110(b) - Application for License - Answer (b) An applicant for a license as a security services contractor shall maintain a physical address within this state and provide that address to the board. The board shall adopt rules to enable an out-of-state license holder to comply with this subsection. Texas Private Security Act CH. 1702.110(c) - Application for License - Answer (c) The department may return an application as incomplete if the applicant submits payment of a fee that is returned for insufficient funds and the applicant has received notice and an opportunity to provide payment in full. Texas Private Security Act CH. 1702.111(a) - Issuance of Branch Office License - Answer (a) A license holder, in accordance with Section 1702.129, shall notify the board in writing of the establishment of a branch office and file in writing with the board the address of the branch office. Texas Private Security Act CH. 1702.111(b) - Issuance of Branch Office License - Answer (b) On application by a license holder, the board shall issue a branch office license. Texas Private Security Act CH. 1702.112 - Form of License - Answer The board shall prescribe the form of a license, including a branch office license. The license must include: (1) the name of the license holder; (2) the name under which the license holder is to operate; (3) the license number and the date the license was issued; and (4) a photograph of the license holder, affixed to the license at the time the license is issued by the board. Texas Private Security Act CH. 1702.113(a) - General Qualifications for License, Certificate of Registration, or Security Officer Commission - Answer (a) An applicant for a license, certificate of registration, endorsement, or security officer commission or the applicant's manager must be at least 18 years of age and must not: (1) at the time of application be charged under an information or indictment with the commission of a Class A or Class B misdemeanor or felony offense determined to be disqualifying by board Page 14 of 44 rule; (2) have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency; (3) have been dishonorably discharged from the United States armed services, discharged from the United States armed services under other conditions determined by the board to be prohibitive, or dismissed from the United States armed services if a commissioned officer in the United States armed services; or (4) be required to register in this or any other state as a sex offender, unless the applicant is approved by the board under Section 1702.3615. Texas Private Security Act CH. 1702.113(b) - General Qualifications for License, Certificate of Registration, or Security Officer Commission - Answer (b) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1084, Sec. 17, eff. June 14, 2013. Texas Private Security Act CH. 1702.113(c) - General Qualifications for License, Certificate of Registration, or Security Officer Commission - Answer (c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1084, Sec. 17, eff. June 14, 2013. Texas Private Security Act CH. 1702.113(d) - General Qualifications for License, Certificate of Registration, or Security Officer Commission - Answer (d) For purposes of this section, "convicted" has the meaning provided in Section 1702.371. Texas Private Security Act CH. 1702.113(e) - General Qualifications for License, Certificate of Registration, or Security Officer Commission - Answer (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(7), eff. September 1, 2009. Texas Private Security Act CH. 1702.114(a) - Additional Qualifications for Investigations Company License - Answer (a) An applicant for a license to engage in the business of an investigations company or the applicant's manager must have, before the date of the application, three consecutive years' experience in the investigative field as an employee, manager, or owner of an investigations company or satisfy other requirements set by the board. Texas Private Security Act CH. 1702.114(b) - Additional Qualifications for Investigations Company License - Answer (b) The applicant's experience must be: (1) reviewed by the board or the chief administrator; and (2) determined to be adequate to qualify the applicant to engage in the business of an investigations company. Texas Private Security Act CH. 1702.115(a) - Additional Qualifications for Security Services Contractor License - Answer (a) An applicant for a license to engage in the business of a security services contractor or the applicant's manager must have, before the date of the application, two consecutive years' experience in each security services field for which the person applies as an employee, manager, or owner of a security services contractor or satisfy other requirements set by the board. Texas Private Security Act CH. 1702.115(b) - Additional Qualifications for Security Services Contractor License - Answer (b) The applicant's experience must have been obtained legally and must be: (1) reviewed by the board or the chief administrator; and (2) determined to be adequate to qualify the applicant to engage in the business of a security services contractor. Texas Private Security Act CH. 1702.116(a) - Qualifications for Guard Dog Company License; Inspections - Answer (a) An applicant for a license to engage in the business of a guard dog company must: (1) meet the requirements of Sections 1702.113 and 1702.115; and (2) present evidence satisfactory to the board that the applicant will comply with the rules adopted under this section. Texas Private Security Act CH. 1702.116(b) - Qualifications for Guard Dog Company License; Inspections - Answer (b) After consulting the Department of State Health Services, the board shall adopt rules to ensure that the areas in which a guard dog company houses, exercises, or trains its animals are securely enclosed by a six-foot chain-link fence or made equally secure. Texas Private Security Act CH. 1702.116(c) - Qualifications for Guard Dog Company License; Inspections - Answer (c) The board shall conduct regular inspections to ensure compliance with the rules adopted under this section. Texas Private Security Act CH. 1702.117(a) - Examination - Answer (a) The board shall require an applicant for a license under this chapter or the applicant's manager to demonstrate qualifications in the person's license classification, Page 15 of 44 including knowledge of applicable state laws and board rules, by taking an examination to be determined by the board. Texas Private Security Act CH. 1702.117(b) - Examination - Answer (b) Payment of the application fee entitles the applicant or the applicant's manager to take one examination without additional charge. A person who fails the examination must pay a reexamination fee to take a subsequent examination. Texas Private Security Act CH. 1702.117(c) - Examination - Answer (c) The board shall set the reexamination fee in an amount not to exceed the amount of the renewal fee for the license classification for which application was made. Texas Private Security Act CH. 1702.117(d) - Examination - Answer (d) The board shall develop and provide to a person who applies to take the examination under Subsection (a) material containing all applicable state laws and board rules. Texas Private Security Act CH. 1702.118(a) - Examination Results - Answer (a) Not later than the 30th day after the date a person takes a licensing examination under this chapter, the board shall notify the person of the examination results. Texas Private Security Act CH. 1702.118(b) - Examination Results - Answer (b) If an examination is graded or reviewed by a testing service: (1) the board shall notify the person of the examination results not later than the 14th day after the date the board receives the results from the testing service; and (2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the board shall notify the person of the reason for the delay before the 90th day. Texas Private Security Act CH. 1702.118(c) - Examination Results - Answer (c) The board may require a testing service to notify a person of the results of the person's examination. Texas Private Security Act CH. 1702.118(d) - Examination Results - Answer (d) If requested in writing by a person who fails a licensing examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination. Texas Private Security Act CH. 1702.1183(a) - Reciprocal License for Certain Applicants - Answer (a) The board may waive any prerequisite to obtaining a license for an applicant who holds a license issued by another jurisdiction with which this state has a reciprocity agreement. Texas Private Security Act CH. 1702.1183(b) - Reciprocal License for Certain Applicants - Answer (b) The board may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity. Texas Private Security Act CH. 1702.1183(c) - Reciprocal License for Certain Applicants - Answer (c) The board shall adopt rules under which the board may waive any prerequisite to obtaining a license for, and credit experience for a license requirement to, an individual who the board determines has acceptable experience gained during service in a branch of the United States armed forces, including the United States Coast Guard. Texas Private Security Act CH. 1702.1186(a) - Provisional License - Answer (a) The board may issue a provisional license to an applicant currently licensed in another jurisdiction who seeks an equivalent license in this state and who: (1) has been licensed in good standing as an investigations company or security services contractor for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination recognized by the board relating to the practice of private investigations or security services contracting; and (3) is sponsored by a person licensed by the board under this chapter with whom the provisional license holder will practice during the time the person holds a provisional license. Texas Private Security Act CH. 1702.1186(b) - Provisional License - Answer (b) A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. The board shall issue a license under this chapter to the provisional license holder if: (1) the provisional license holder is eligible to be licensed under Section 1702.1183; or (2) the provisional license holder: (A) passes the part of the examination under Section 1702.117(a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of an investigations company or security services contractor in this state; (B) is verified by the board as meeting the academic and experience requirements for a license under this chapter; and (C) satisfies any other licensing requirements Page 16 of 44 under this chapter. Texas Private Security Act CH. 1702.1186(c) - Provisional License - Answer (c) The board must approve or deny a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. The board may extend the 180-day period if the results of an examination have not been received by the board before the end of that period. Texas Private Security Act CH. 1702.1186(d) - Provisional Liense - Answer (d) The board may establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license. Texas Private Security Act CH. 1702.119(a) - Manager Required - Answer (a) A license holder's business shall be operated under the direction and control of one manager. A license holder may not apply to designate more than one individual to serve as manager of the license holder's business. Texas Private Security Act CH. 1702.119(b) - Manager Required - Answer (b) An individual may not act as a manager until the individual has: (1) demonstrated the individual's qualifications by passing the written examination required by Section 1702.117(a); and (2) made a satisfactory showing to the department that the individual: (A) satisfies the requirements of Section 1702.113 and meets all qualification and experience requirements set by rule for a manager of the type of company for which the individual is applying; and (B) has not engaged in conduct regarding a violation or conviction that is grounds for disciplinary action under Section 1702.361(b) or 1702.3615(a). Texas Private Security Act CH. 1702.119(c) - Manager Required - Answer (c) If a manager lacks the experience to qualify to manage each category of service included in a license or application, the license holder must designate a supervisor qualified under Subsection (b) who is responsible for each service for which the manager is not qualified. Texas Private Security Act CH. 1702.120(a) - False Application of Manager - Answer (a) An individual may not: (1) serve as manager of an investigations company, guard company, alarm systems company, armored car company, courier company, or guard dog company; and (2) fail to maintain that supervisory position on a daily basis for that company. Texas Private Security Act CH. 1702.120(b) - False Application of Manager - Answer (b) An individual may not apply to the board to serve as manager of an investigations company, guard company, alarm systems company, armored car company, courier company, or guard dog company without the intent to maintain that supervisory position on a daily basis for that company. Texas Private Security Act CH. 1702.121(a) - Termination of Manager - Answer (a) A license holder shall notify the board in writing not later than the 14th day after the date a manager ceases to be manager of the license holder's business. The license remains in effect for a reasonable period after notice is given as provided by board rule pending the board's determination of the qualification of another manager under this subchapter. Texas Private Security Act CH. 1702.121(b) - Termination of Manger - Answer (b) A manager shall immediately cease all managerial actions on the effective date of any summary action taken against the manager. Any period of temporary operation authorized under this section or Section 1702.122 begins on the effective date of the summary action. Texas Private Security Act CH. 1702.122 - Temporary Continuation of License Holder's Business - Answer Under the terms provided by board rule, a license holder's business may continue for a temporary period if the individual on the basis of whose qualifications a license under this chapter has been obtained ceases to be connected with the license holder. Texas Private Security Act CH. 1702.123(a) - Insurance; Bond - Answer (a) A license holder shall maintain on file with the board at all times the surety bond and certificate of insurance required by this chapter. Texas Private Security Act CH. 1702.123(b) - Insurance; Bond - Answer (b) The board shall immediately suspend the license of a license holder who violates Subsection (a). Texas Private Security Act CH. 1702.123(c) - Insurance; Bond - Answer (c) The board may rescind the license suspension if the license holder provides proof to the board that the bond or the insurance coverage is still in effect. The license holder must provide the proof in a form satisfactory to the board not later than the 10th day after the date the license is suspended. Texas Private Security Act CH. 1702.123(d) - Insurance; Bond - Answer (d) After suspension of the license, the board may not reinstate the license until an application, in the form prescribed by the board, is filed accompanied by a proper bond, insurance certificate, or both. The board may deny the application notwithstanding the applicant's compliance with this section: (1) for a reason that would justify suspending, revoking, or denying a license; or (2) if, during the suspension, the applicant performs a practice for which a license is required. Texas Private Security Act CH. 1702.124(a) - Insurance Requirement - Answer (a) An applicant is not eligible for a license unless the applicant provides as part of the application: (1) a certificate of insurance or other documentary evidence of a general liability insurance policy countersigned by an insurance agent licensed in this state; or (2) a certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state. Texas Private Security Act CH. 1702.124(b) - Insurance Requirement - Answer (b) The general liability insurance policy must be conditioned to pay on behalf of the license holder damages that the license holder becomes legally obligated to pay because of bodily injury, property damage, or personal injury, caused by an event involving the principal, or an officer, agent, or employee of the principal, in the conduct of any activity or service for which the license holder is licensed under this chapter. Texas Private Security Act CH. 1702.124(c) - Insurance Requirement - Answer (c) The insurance policy must contain minimum limits of: (1) $100,000 for each occurrence for bodily injury and property damage; (2) $50,000 for each occurrence for personal injury; and (3) a total aggregate amount of $200,000 for all occurrences. Texas Private Security Act CH. 1702.124(d) - Insurance Requirement - Answer (d) A person who is licensed to install and service fire alarms under Article 5.43-2, Insurance Code, complies with the insurance requirements of this section by complying with the insurance requirement of that article if the insurance held by the applicant complies with the requirements of this section in amounts and types of coverage. Texas Private Security Act CH. 1702.124(e) - Insurance Requirement - Answer (e) An insurance certificate executed and filed with the department under this chapter remains in effect until the insurer terminates future liability by providing to the department at least 10 days' notice of the intent to terminate liability. Texas Private Security Act CH. 1702.124(f) - Insurance Requirement - Answer (f) In addition to the requirements of this section, an applicant or license holder shall provide and maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the business activities of the applicant or license holder related to private security. Texas Private Security Act CH. 1702.125 - Bond Requirement - Answer A bond executed and filed with the board under this chapter remains in effect until the surety terminates future liability by providing to the board at least 30 days' notice of the intent to terminate liability. Texas Private Security Act CH. 1702.127(a) - License Holder Employees; Records - Answer (a) A license holder may be legally responsible for the conduct in the license holder's business of each employee of the license holder while the employee is performing assigned duties for the license holder. Texas Private Security Act CH. 1702.127(b) - License Holder Employees; Records - Answer (b) A license holder shall maintain a record containing information related to the license holder's employees as required by the board. Texas Private Security Act CH. 1702.127(c) - License Holder Employees; Records - Answer (c) A license holder shall maintain for inspection by the department at the license holder's principal place of business or branch office two recent color photographs, of a type required by the board, of each applicant, registrant, commissioned security officer, and Page 18 of 44 employee of the license holder. Texas Private Security Act CH. 1702.127(d) - License Holder Employees; Records - Answer (d) A license holder shall maintain records required under this chapter at a physical address within this state and provide that address to the board. Texas Private Security Act CH. 1702.128 - Posting of License Required - Answer A license holder shall at all times post: (1) the person's license in a conspicuous place in the principal place of business of the license holder; and (2) each branch office license in a conspicuous place in each branch office of the license holder. Texas Private Security Act CH. 1702.129(a) - Notice of Certain Changes; Branch Offices - Answer (a) A license holder shall notify the board not later than the 14th day after the date of: (1) a change of address for the license holder's principal place of business; (2) a change of a name under which the license holder does business; or (3) a change in the license holder's officers or partners. Texas Private Security Act CH. 1702.129(b) - Notice of Certain Changes; Branch Offices - Answer (b) A license holder shall notify the board in writing not later than the 14th day after the date a branch office: (1) is established; (2) is closed; or (3) changes address or location. Texas Private Security Act CH. 1702.130(a) - Use of Certain Titles, Uniforms, Insignia, or Identifications Prohibited - Answer (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." Texas Private Security Act CH. 1702.130(b) - Use of Certain Titles, Uniforms, Insignia, or Identifications Prohibited - Answer (b) 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. Texas Private Security Act CH. 1702.131 - Advertising - Answer An advertisement by a license holder soliciting or advertising business must contain the license holder's company name and address as stated in board records. Texas Private Security Act CH. 1702.132(a) - Reports to Employer or Client - Answer (a) A written report submitted to a license holder's employer or client may only be submitted by the license holder or manager or a person authorized by a license holder or manager. The person submitting the report shall exercise diligence in determining whether the information in the report is correct. Texas Private Security Act CH. 1702.132(b) - Reports to Employer or Client - Answer (b) A license holder or an officer, director, partner, manager, or employee of a license holder may not knowingly make a false report to the employer or client for whom information is obtained. Texas Private Security Act CH. 1702.133(a) - Confidentiality; Information Relating to Criminal Offense - Answer (a) A license holder or an officer, director, partner, or manager of a license holder may not disclose to another information obtained by the person for an employer or client except: (1) at the direction of the employer or client; or (2) as required by state law or court order. Texas Private Security Act CH. 1702.133(b) - Confidentiality; Information Relating to Criminal Offense - Answer (b) A license holder or an officer, director, partner, or manager of a license holder shall disclose to a law enforcement officer or a district attorney, or that individual's representative, information the person obtains that relates to a criminal offense. A private investigator who is working under the direct supervision of a licensed attorney satisfies this requirement by disclosing the information to the supervising attorney. Texas Private Security Act CH. 1702.134(a) - License Holder Exemptions From Certain Local Regulations - Answer (a) A license holder or an employee of a license holder is not required to obtain an authorization, permit, franchise, or license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or other political subdivision of this state to engage in business or perform a service authorized under this chapter. Texas Private Security Act CH. 1702.134(b) - License Holder Exemptions From Certain Local Regulations - Answer (b) A municipality, county, or other political subdivision of this state may not require a payment for the use of municipal, county, or other public facilities in connection with a business or service provided by a license holder, except that a municipality may impose and collect: (1) a reasonable charge for the use of a central alarm installation located in a police office that is owned, operated, or monitored by the municipality; and (2) reasonable inspection and re-inspection fees in connection with a device that causes at least five false alarms in a 12-month period. Texas Private Security Act CH. 1702.134(c) - License Holder Exemptions From Certain Local Regulations - Answer (c) A municipality may require, until the device is repaired to the satisfaction of the appropriate municipal official, discontinuation of service of an alarm signal device that, because of mechanical malfunction or faulty equipment, causes at least five false alarms in a 12- month period. Texas Private Security Act CH. 1702.134(d) - License Holder Exemptions From Certain Local Regulations - Answer (d) For the purposes of Subsection (c), a false alarm caused by human error or an act of God is not considered a mechanical malfunction or faulty equipment. Texas Private Security Act CH. 1702.161(a) - Security Officer Commission Required - Answer (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. Texas Private Security Act CH. 1702.161(b) - Security Officer Commission Required - Answer (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 board has issued a security officer commission to the individual. Texas Private Security Act CH. 1702.161(c) - Security Officer Commission Required - Answer (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. Texas Private Security Act CH. 1702.162 - Employer's Application for Security Officer Commission - Answer The employer of a security officer who applies for a security officer commission for the officer must submit an application to the board on a form provided by the board. Texas Private Security Act CH. 1702.163(a) - Qualifications for Security Officer Commission - Answer (a) An applicant employed by a license holder is not eligible for a security officer commission unless the applicant submits as part of the application satisfactory evidence that the applicant has: (1) completed the basic training course at a school or under an instructor approved by the board; (2) met each qualification established by this chapter and administrative rule; (3) achieved the score required by the board on the examination under Section 1702.1685; and (4) demonstrated to the satisfaction of the firearm training instructor that the applicant has complied with other board standards for minimum marksmanship competency with a handgun. Texas Private Security Act CH. 1702.163(b) - Qualifications for Security Officer Commission - Answer (b) An individual is not eligible for a security officer commission if the individual: (1) is disqualified by state or federal law from owning or possessing a firearm; (2) is incapable of exercising sound judgment in the proper use and storage of a handgun; (3) is a fugitive from justice for a felony or a Class A or Class B misdemeanor; (4) is a chemically dependent person; or (5) is currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests. Texas Private Security Act CH. 1702.163(c) - Qualifications for Security Officer Commission - Answer (c) An individual who has been convicted twice in the 10- year period preceding the date on which the person applies for a security officer commission of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a security officer commission under this subchapter. This subsection does not Page 20 of 44 preclude the disqualification of an individual for being a chemically dependent person if other evidence exists to demonstrate that the person is a chemically dependent person. Texas Private Security Act CH. 1702.163(d) - Qualifications for Security Officer Commission - Answer (d) For purposes of Subsection (b)(2), a person is incapable of exercising sound judgment with resp