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

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

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
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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. 1702.004(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. 1702.041(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.