Texas Department of Public Safety Private Security Bureau - Qualified Manager Exam Questions With Correct Answers

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.