Regulations for Private Security Services in Texas, Exams of Nursing

Download Regulations for Private Security Services in Texas and more Exams Nursing in PDF only on Docsity! 1 Texas Department of Public Safety Private Security Bureau - Qualified Manager Exam 2024 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. 2 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. 5 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 6 (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 7 (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: 10 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; 11 (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. 12 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. 15 (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 16 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. 17 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 20 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 21 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; 22 (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 25 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 respect to the proper use and storage of a handgun if the person: (1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability; (2) suffers from a psychiatric disorder or condition described by Subdivision (1) that: (A) is in remission but is reasonably likely to redevelop at a future time; or (B) requires continuous medical treatment to avoid redevelopment; (3) has been diagnosed by a licensed physician or declared by a court as incompetent to manage the person's own affairs; or (4) has entered a plea of not guilty by reason of insanity in a criminal proceeding. (d-1) For the purposes of determining eligibility under Subsection (b)(2), the department may require the applicant to authorize the release to the department of any relevant medical records. Texas Private Security Act CH. 1702.163(e) - Qualifications for Security Officer Commission - Answer- (e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1): (1) involuntary psychiatric hospitalization in the five years preceding the date of the application; (2) psychiatric hospitalization in the two years preceding the date of the application; (3) inpatient or residential substance abuse treatment in the five years preceding the date of the application; (4) diagnosis in the five years preceding the date of the application by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; or (5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to: (A) schizophrenia or delusional disorder; (B) bipolar disorder; (C) chronic dementia, whether caused by illness, brain defect, or brain injury; (D) dissociative identity disorder; (E) intermittent explosive disorder; or (F) antisocial personality disorder. Texas Private Security Act CH. 1702.163(f) - Qualifications for Security Officer Commission - Answer- (f) Notwithstanding Subsection (d), a person who has previously been diagnosed as suffering from a psychiatric disorder or condition described by Subsection (d) or listed in Subsection (e) is not because of that disorder or condition incapable of exercising sound judgment with respect to the proper use and 26 storage of a handgun if the person provides the department with a certificate from a licensed physician whose primary practice is in the field of psychiatry stating that the psychiatric disorder or condition is in remission and is not reasonably likely to develop at a future time. Texas Private Security Act CH. 1702.163(g) - Qualifications for Security Officer Commission - Answer- (g) An individual's eligibility under this section is not affected by a relationship or lack of relationship between the nature of a criminal charge or conviction and the regulated occupation. Texas Private Security Act CH. 1702.165(a) - Issuance of Security Officer Commission; Pocket Card - Answer- (a) The board, with the concurrence of the department: (1) may issue a security officer commission to an individual employed as a uniformed security officer; and (2) shall issue a security officer commission to a qualified employee of an armored car company that is a carrier conducting the armored car business under a federal or state permit or certificate. Texas Private Security Act CH. 1702.165(b) - Issuance of Security Officer Commission; Pocket Card - Answer- (b) A security officer commission issued under this section must be in the form of a pocket card designed by the board that identifies the security officer. Texas Private Security Act CH. 1702.167 - Termination of Employment as Commissioned Security Officer; Transfer of Commission - Answer- The holder of a security officer commission who terminates employment with one employer may transfer the individual's commission to a new employer if, not later than the 14th day after the date the individual begins the new employment, the new employer notifies the board of the transfer of employment on a form prescribed by the board, accompanied by payment of the employee information update fee. Texas Private Security Act CH. 1702.1675(a) - Training Programs - Answer- (a) The board shall establish a basic training course for commissioned security officers. The course must include, at a minimum: (1) general security officer training issues; (2) classroom instruction on handgun proficiency; and (3) range instruction on handgun proficiency. Texas Private Security Act CH. 1702.1675(b) - Training Programs - Answer- (b) The course must be offered and taught by schools and instructors approved by the board. To receive board approval, a school or an instructor must submit an application to the board on a form provided by the board. Texas Private Security Act CH. 1702.1675(c) - Training Programs - Answer- (c) The basic training course approved by the board must consist of a minimum of 30 hours. 27 Texas Private Security Act CH. 1702.1675(d) - Training Programs - Answer- (d) The general security officer training portion of the course must include instruction on: (1) board rules and applicable state laws; (2) field note taking and report writing; and (3) any other topics of security officer training curriculum the board considers necessary. Texas Private Security Act CH. 1702.1675(e) - Training Programs - Answer- (e) The board shall develop a commissioned security officer training manual that contains applicable state laws and board rules to be used in the instruction and training of commissioned security officers. Texas Private Security Act CH. 1702.1675(f) - Training Programs - Answer- (f) The board shall adopt rules necessary to administer the provisions of this section concerning the training requirements of this chapter. Texas Private Security Act CH. 1702.1675(g) - Training Programs - Answer- (g) The handgun proficiency course must include at least 10 hours and not more than 15 hours of instruction on: (1) the laws that relate to weapons and to the use of deadly force; (2) handgun use, proficiency, and safety; (3) nonviolent dispute resolution; and (4) proper storage practices for handguns, with an emphasis on storage practices that eliminate the possibility of accidental injury to a child. Texas Private Security Act CH. 1702.1675(h) - Training Programs - Answer- (h) The range instruction on handgun proficiency must include an actual demonstration by the applicant of the applicant's ability to safely and proficiently use a handgun. The applicant must demonstrate, at a minimum, the degree of proficiency that is required to effectively operate a 9-millimeter or .38-caliber handgun. Texas Private Security Act CH. 1702.1675(i) - Training Programs - Answer- (i) The board by rule shall establish minimum standards for handgun proficiency that are at least as stringent as the standards for handgun proficiency developed by the public safety director under Section 411.188, Government Code. Texas Private Security Act CH. 1702.168(a) - Firearm Requirements - Answer- (a) In addition to the requirements of Section 1702.163(a), the board by rule shall establish other qualifications for individuals who are employed in positions requiring the carrying of firearms. The qualifications may include: (1) physical and mental standards; (2) standards of good moral character; and (3) other requirements that relate to the competency and reliability of individuals to carry firearms. 30 Texas Private Security Act CH. 1702.202 - Personal Protection Officer - Answer- An individual acts as a personal protection officer if the individual, while carrying a firearm, provides to another individual personal protection from bodily harm. Texas Private Security Act CH. 1702.203 - Application for Personal Protection Officer Endorsement - Answer- An applicant for a personal protection officer endorsement must submit a written application on a form prescribed by the board. Texas Private Security Act CH. 1702.204(a) - Personal Protection Officer Endorsement; Qualifications - Answer- (a) An applicant for a personal protection officer endorsement must be at least 21 years of age and must provide: (1) a certificate of completion of the basic security officer training course; (2) proof that the applicant: (A) has been issued a security officer commission; (B) is employed at the time of application by an investigations company or guard company licensed by the board; and (C) has completed the required training in nonlethal self-defense or defense of a third person; and (3) proof of completion and the results of the Minnesota Multiphasic Personality Inventory psychological testing. Texas Private Security Act CH. 1702.204(b) - Personal Protection Officer Endorsement; Qualifications - Answer- (b) The board by rule shall require an applicant for a personal protection officer endorsement to complete the Minnesota Multiphasic Personality Inventory test. The board may use the results of the test to evaluate the applicant's psychological fitness. Texas Private Security Act CH. 1702.205(a) - Personal Protection Officer Training - Answer- (a) The board shall establish a 15-hour course for a personal protection officer consisting of training in non-lethal self-defense or defense of a third person. Texas Private Security Act CH. 1702.205(b) - Personal Protection Officer Training - Answer- (b) The training required by this section is in addition to the basic training course for security officers. Texas Private Security Act CH. 1702.206(a) - Limited Authority to Carry Firearms - Answer- (a) An individual acting as a personal protection officer may not carry a firearm unless the officer: (1) is either: (A) engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer endorsement is issued; or (B) traveling to or from the officer's place of assignment; and (2) carries the officer's security officer commission and personal protection officer endorsement on the officer's person while performing the officer's duties or traveling as 31 described by Subdivision (1) and presents the commission and endorsement on request. Texas Private Security Act CH. 1702.206(b) - Limited Authority to Carry Firearms - Answer- (b) An individual who is acting as a personal protection officer and is wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), may not conceal any firearm the individual is carrying and shall carry the firearm in plain view. An individual who is acting as a personal protection officer and is not wearing the uniform of a security officer shall conceal the firearm, regardless of whether the individual is authorized to openly carry the firearm under any other law. Texas Private Security Act CH. 1702.221(a) - Registration and Endorsement Required - Answer- (a) To perform any activity regulated by this chapter, the individual must: (1) register in accordance with the requirements of this chapter and related administrative rules; (2) obtain the proper endorsement under Subsection (b); and (3) be employed by a company licensed under this chapter. Texas Private Security Act CH. 1702.221(b) - Registration and Endorsement Required - Answer- (b) An individual must obtain the appropriate endorsement in accordance with the requirements of this chapter and related administrative rules if the individual: (1) is employed as: (A) an alarm instructor; (B) an alarm systems installer; (C) an alarm systems monitor; (D) an electronic access control device installer; (E) a level 3 classroom or firearm instructor; (F) a locksmith; (G) a dog trainer; (H) a manager or branch office manager; (I) a noncommissioned security officer; (J) a level 4 personal protection instructor; (K) a private investigator; (L) a private security consultant; (M) a security salesperson; or (N) an individual whose duties include performing another activity for which an endorsement is required under Subsection (e); or (2) is an owner who oversees the security-related aspects of the business, officer, partner, or shareholder of a license holder. Texas Private Security Act CH. 1702.221(c) - Registration and Endorsement Required - Answer- (c) Registration and endorsement under this chapter does not preclude an individual from performing additional duties or services authorized by the individual's employer that are not regulated by this chapter. An individual who performs more than one of the services that require an endorsement under this section must obtain an endorsement for each service. 32 Texas Private Security Act CH. 1702.221(d) - Registration and Endorsement Required - Answer- (d) In addition to the services listed in Subsection (b), a person holding a security officer commission must also obtain an endorsement for personal protection if the individual performs the services described by Section 1702.202. Texas Private Security Act CH. 1702.221(e) - Registration and Endorsement Required - Answer- (e) The board by rule may require a person to hold an endorsement for performing other activity expressly regulated by this chapter. Texas Private Security Act CH. 1702.222 - Security Officer - Answer- An individual acts as a security officer for purposes of this chapter if the individual is: (1) employed by a security services contractor or the security department of a private business; and (2) employed to perform the duties of an alarm systems response runner who responds to the first signal of entry, a security guard, security watchman, security patrolman, armored car guard, or courier guard. Texas Private Security Act CH. 1702.2226(a) - Electronic Access Control Device Installer - Answer- (a) An individual acts as an electronic access control device installer for purposes of this chapter if the individual installs, maintains, or repairs an electronic access control device. Texas Private Security Act CH. 1702.2226(b) - Electronic Access Control Device Installer - Answer- (b) A person registered as an electronic access control device installer may not install alarm systems unless the person holds an endorsement under this chapter as an alarm systems installer. Texas Private Security Act CH. 1702.2227(a) - Locksmith - Answer- (a) An individual acts as a locksmith for the purposes of this chapter if the person: (1) sells, installs, services, or maintains mechanical security devices, including deadbolts and locks; or (2) advertises or offers services to the public or represents to the public that the person is a locksmith. Texas Private Security Act CH. 1702.2227(b) - Locksmith - 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. 1702.223(a) - Alarm Systems Installer - Answer- (a) An individual acts as an alarm systems installer for purposes of this chapter if the individual installs, maintains, or repairs an alarm system or detection device. Texas Private Security Act CH. 1702(b) - Alarm Systems Installer - Answer- b) An alarm systems installer may sell, install, maintain, repair, or service an electronic access control device or a mechanical security device that is capable of activation through a wireless signal. An alarm systems installer may not rekey an electronic access control 35 (1) verifies through the department's publicly accessible website that the applicant is: (A) not disqualified for the registration or endorsement based on the applicant's criminal history; and (B) not required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and (2) maintains in the applicant's employee file a copy of the search results obtained under Subdivision (1). Texas Private Security Act CH. 1702.2305(a) - Provisional Registration - Answer- (a) The board may issue a provisional registration to an applicant currently registered in another jurisdiction who seeks an equivalent registration in this state and who: (1) has been registered in good standing in the field in which the registration is sought for at least two years in another jurisdiction, including a foreign country, that has registration requirements substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination recognized by the board relating to practice in the field in which the registration is sought; and (3) is employed by a person licensed by the board under this chapter with whom the provisional registration holder will practice during the time the person holds a provisional registration. Texas Private Security Act CH. 1702.2305(b) - Provisional Registration - Answer- (b) A provisional registration is valid until the date the board approves or denies the provisional registration holder's application for a registration. The board shall issue a registration under this chapter to the provisional registration holder if the provisional registration holder is eligible to be registered under this chapter. Texas Private Security Act CH. 1702.2305(c) - Provisional Registration - Answer- (c) The board must approve or deny a provisional registration holder's application for a registration not later than the 180th day after the date the provisional registration 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. 1702.2305(d) - Provisional Registration - Answer- (d) The board may establish a fee for provisional registration in an amount reasonable and necessary to cover the cost of issuing the registration. Texas Private Security Act CH. 1702.232(a) - Pocket Cards - Answer- (a) The board shall issue a pocket card for each registrant under this chapter. A pocket card for an owner, officer, partner, or shareholder of a license holder shall be issued to the license holder. Texas Private Security Act CH. 1702.232(b) - Pocket Cards - Answer- (b) The board shall determine the size, design, and content of the pocket card. 36 Texas Private Security Act CH. 1702.232(c) - Pocket Cards - Answer- (c) The pocket card must: (1) state the name of the registrant; (2) contain a color photograph, affixed to the pocket card by the board at the time the card is issued, and the signature of the registrant; (3) state the date the card was issued and the card's expiration date; and (4) state each endorsement held by the registrant and the date the endorsement expires. Texas Private Security Act CH. 1702.233 - Duration of Pocket Cards - Answer- A pocket card issued for a registrant is valid for two years and expires on the date the registration expires under Section 1702.301(d), (e), or (f). Texas Private Security Act CH. 1702.234 - Registration and Endorsement Transfer - Answer- A registrant may transfer the registrant's registration and endorsements from one employer to another employer if, not later than the 14th day after the date the registrant begins the new employment, the new employer notifies the board of the transfer of employment on a form prescribed by the board accompanied by payment of the employee information update fee. Texas Private Security Act CH. 1702.235 - Pre-employment Check for Non- commissioned Security Officers - Answer- A person may not hire a non-commissioned security officer unless the person conducts a pre-employment check as required by board rule. Texas Private Security Act CH. 1702.236(a) - Examination and Training Requirements for Electronic Access Control Device Installers - Answer- (a) The board shall require an individual who applies for an endorsement as an electronic access control device installer to pass an examination given by the board or a person approved by the board. The examination must cover material related to access control. Texas Private Security Act CH. 1702.236(b) - Examination and Training Requirements for Electronic Access Control Device Installers - Answer- (b) On and after September 1, 2005, the board by rule may allow an electronic access control device installer to obtain or renew an endorsement by fulfilling the requirements of a board-approved, industry- based educational training program. Texas Private Security Act CH. 1702.239(a) - Training Requirements for Alarm Systems Installer and Security Salesperson; Examination - Answer- (a) The board may require that an individual employed as an alarm systems installer or security salesperson hold a certification by a board-approved training program to renew an endorsement. The board may approve only nationally recognized training programs that consist of at least 16 hours of classroom study in the areas of work allowed by the endorsement. To be approved, a training program must offer at least two certification programs each year, sufficient to complete the requirements of this subsection, within 100 miles of each county in the state that has a population of more than 500,000. 37 Texas Private Security Act CH. 1702.239(b) - Training Requirements for Alarm Systems Installer and Security Salesperson; Examination - Answer- (b) The board may require an individual who has completed a training program under Subsection (a) to pass an examination given by the board or by a person approved by the board. The board may approve examinations in conjunction with training programs approved under Subsection (a). The individual's performance on the examination must demonstrate the individual's qualifications to perform the duties allowed by the individual's endorsement. Texas Private Security Act CH. 1702.239(c) - Training Requirements for Alarm Systems Installer and Security Salesperson; Examination - Answer- (c) An individual who holds a registration on September 30, 1993, is not required to comply with requirements adopted under Subsections (a) and (b) during the time the individual maintains the registration with the individual's current license holder. Texas Private Security Act CH. 1702.239(d) - Training Requirements for Alarm Systems Installer and Security Salesperson; Examination - Answer- (d) If the board requires certification or examination under this section, the board shall implement rules to require that to renew an endorsement, an individual who is employed as an alarm systems installer or a security salesperson and who has already once renewed the endorsement must obtain continuing education credits related to the line of work for which the individual is licensed. If the board requires the continuing education, the chief administrator must approve classes offered by nationally recognized organizations, and participants in the classes must qualify according to board rules. Texas Private Security Act CH. 1702.240(a) - Registration Exemption for Undercover Agent - Answer- (a) For the purposes of this section, "undercover agent" means an individual hired by a person to perform a job in or for that person, and while performing that job, to act as an undercover agent, an employee, or an independent contractor of a license holder, but supervised by a license holder. Texas Private Security Act CH. 1702.240(b) - Registration Exemption for Undercover Agent - Answer- (b) An employee of a license holder who is employed exclusively as an undercover agent is not required to register with the board. Texas Private Security Act CH. 1702.241(a) - Jurisprudence Examination - Answer- (a) The board may develop and administer at least twice each calendar year a jurisprudence examination to determine the knowledge that an applicant for an endorsement has of this chapter, board rules, and any other applicable laws of this state affecting the applicant's activities regulated under this chapter. Texas Private Security Act CH. 1702.241(b) - Jurisprudence Examination - Answer- (b) Before the board may administer a jurisprudence examination under this section, the board shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for 40 Texas Private Security Act CH. 1702.286(b) - Duties of Alarm Systems Company - Answer- (b) An alarm systems company shall notify the municipality in which the alarm system is located of an installation or activation of an alarm system not later than the 30th day after the date of the installation or activation. The alarm systems company shall provide to the municipality: (1) the alarm systems company name; (2) the alarm systems company license number; (3) the name of the occupant of the alarm system location; (4) the address of the alarm system location; and (5) the date of installation or activation. Texas Private Security Act CH. 1702.286(c) - Duties of Alarm Systems Company - Answer- (c) Information provided to a governmental body under this section is confidential and subject to disclosure only as provided under Section 1702.284. Texas Private Security Act CH. 1702.286(d) - Duties of Alarm Systems Company - Answer- (d) An alarm systems company commits an offense if the company violates Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor. Texas Private Security Act CH. 1702.286(e) - Duties of Alarm Systems Company - Answer- (e) The duties imposed by this section on an alarm systems company do not apply to the installation or activation of a personal emergency response system, as defined under Section 1702.331. Texas Private Security Act CH. 1702.2865(a) - Customer Authorization Required for Certain Locksmith Services - Answer- (a) A locksmith company or locksmith may not perform services for a customer who seeks entry to a structure, motor vehicle, or other property unless the customer, in the course of the transaction: (1) shows the locksmith company or locksmith a government-issued identification; and (2) provides a signed authorization stating that the Page 30 of 44 customer owns or is otherwise entitled to legal access to the structure, motor vehicle, or other property. Texas Private Security Act CH. 1702.2865(b) - Customer Authorization Required for Certain Locksmith Services - Answer- (b) A locksmith company or locksmith is exempt from Subsection (a) if the locksmith is requested to perform services in a case of imminent threat to a person or property. Texas Private Security Act CH. 1702.287 - Detection Device Control Panels; Minimum Standards - Answer- An alarm systems company may not install any alarm system on or after January 1, 2007, that includes a detection device control panel unless the control panel meets or exceeds the standards of the American National Standards Institute for false alarm reduction. 41 Texas Private Security Act CH. 1702.288(a) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (a) The board shall adopt rules in accordance with this section that require a license holder acting as an alarm systems company under this chapter to inform each of the license holder's clients that the client is entitled to receive a written contract for alarm system services that contains the client's fee arrangement and other relevant information about services to be rendered. Texas Private Security Act CH. 1702.288(b) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (b) The rules shall require that a written contract for alarm system services shall be furnished to a client in accordance with Subsection (a) not later than the seventh day after the date the client requests the written contract. Texas Private Security Act CH. 1702.288(c) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (c) The rules shall require that the written contract for services shall be dated and signed by the owner or manager of an alarm systems company or a person expressly authorized by the owner or manager to sign written contracts on behalf of the company. Texas Private Security Act CH. 1702.288(d) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (d) The rules shall require that, not later than the seventh day after the date of entering into a contract for services regulated by the board with another alarm systems company or alarm systems monitor, an alarm systems company shall: (1) notify the recipient of those services of the name, address, and telephone number and individual to contact at the company that purchased the contract; (2) notify the recipient of services at the time the contract is negotiated that another licensed company may provide any of the services requested by subcontracting or outsourcing those services; and (3) if any of the services are subcontracted or outsourced to a licensed third party, notify the recipient of services, by mail, of the name, address, phone number, and license number of the company providing those services. Texas Private Security Act CH. 1702.288(e) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (e) The rules shall require that notice provided to a recipient of services under Subsection (d) shall: (1) be mailed to the recipient in a written form that emphasizes the required information; and (2) include stickers or other materials to be affixed to an alarm system indicating the alarm systems company's or alarm systems monitor's new telephone number. Texas Private Security Act CH. 1702.288(f) - Notice of Certain Information to Recipient of Alarm System Services - Answer- (f) A license holder acting as an alarm systems company does not have to provide the notice required under Subsection (d) if the contact information, including the address and the telephone numbers for the alarm systems company, has not changed. 42 Texas Private Security Act CH. 1702.289(a) - Inspections - Answer- (a) An employee or agent of the department or board, as applicable, who enters the place of business of a person regulated under this chapter for the purpose of conducting an inspection or audit must: (1) notify the manager or owner of the business of the presence of the person conducting the inspection or audit; and (2) present the manager or owner of the business with credentials that identify the person conducting the inspection or audit as an employee or agent of the department or board. Texas Private Security Act CH. 1702.289(b) - Inspections - Answer- (b) This section does not prohibit the department or board from conducting an undercover investigation or covert audit in order to determine compliance with this chapter or a rule adopted under this chapter. Texas Private Security Act CH. 1702.301(a) - Expiration - Answer- (a) A license is valid for one year from the date of issuance. A license expires at midnight on the last day of the 11th month after the month in which it is issued. Texas Private Security Act CH. 1702.301(b) - Expiration - Answer- (b) A security officer commission expires on the second anniversary of the date the commission is issued. Texas Private Security Act CH. 1702.301(c) - Expiration - Answer- (c) A personal protection officer endorsement expires on the expiration date of the security officer commission under which the individual's endorsement is issued. Texas Private Security Act CH. 1702.301(d) - Expiration - Answer- (d) Endorsement as a private investigator, manager, branch office manager, alarm systems installer, security consultant, security salesperson, alarm systems monitor, or dog trainer expires on the second anniversary of the date of endorsement. Texas Private Security Act CH. 1702.301(e) - Expiration - Answer- (e) Endorsement as an owner, officer, partner, or shareholder of a license holder expires on the second anniversary of the date of endorsement. Texas Private Security Act CH. 1702.301(f) - Expiration - Answer- (f) Endorsement as a non-commissioned security officer expires on the second anniversary of the date of endorsement. Texas Private Security Act CH. 1702.301(g) - Expiration - Answer- (g) A letter of authority, or a school approval or school instructor approval letter issued by the board, expires on the first anniversary of the date of issuance. Texas Private Security Act CH. 1702.301(h) - Expiration - Answer- (h) A license, registration, or endorsement issued under this chapter, other than one specified in this section, expires on the date specified by this chapter or by board rule. 45 Texas Private Security Act CH. 1702.308(b) - Continuing Education - Answer- b) The board shall recognize, prepare, or administer continuing education programs for license holders, commissioned security officers, and endorsement holders. The board shall set the minimum number of hours that must be completed and the types of programs that may be offered. Texas Private Security Act CH. 1702.308(c) - Continuing Education - Answer- (c) A license holder, commissioned security officer, or endorsement holder must participate in the programs to the extent required by the board to keep the person's license, commission, or endorsement. A license holder, commissioned security officer, or endorsement holder shall submit evidence of compliance with the board's continuing education requirements in a manner prescribed by the board. Texas Private Security Act CH. 1702.309(a) - Security Officer Commision Renewal - Answer- (a) The board by rule shall develop a continuing education course required for renewal of a security officer commission. Only a board-approved instructor may administer the continuing education course. The course must include at least six hours of instruction determined by the chief administrator of the board. Texas Private Security Act CH. 1702.309(b) - Security Officer Commission Renewal - Answer- (b) A commissioned security officer must demonstrate the proficiency required under Section 1702.1685 within the 90-day period before the date the commission is renewed. Texas Private Security Act CH. 1702.321(a) - Government Employees - Answer- (a) Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties. Texas Private Security Act CH. 1702.321(b) - Government Employees - Answer- (b) The provisions of this chapter relating to security officer commissions apply to a person employed by a political subdivision whose duties include serving as a security guard, security watchman, or security patrolman on property owned or operated by the political subdivision if the governing body of the political subdivision files a written request with the board for the board to issue a commission to the political subdivision's employees with those duties. Texas Private Security Act CH. 1702.321(c) - Government Employees - Answer- (c) The board may not charge a fee for issuing a commission to an officer under Subsection (b). The board shall issue to the officer a pocket card designating the political subdivision that employs the officer. Texas Private Security Act CH. 1702.321(d) - Government Employees - Answer- (d) The commission expires at the time the officer's Page 33 of 44 46 employment as a security officer by the political subdivision is terminated. Texas Private Security Act CH. 1702.321(e) - Government Employees - Answer- (e) The board may approve a security officer training program conducted by the political subdivision in accordance with Sections 1702.1675 and 1702.168. Texas Private Security Act CH. 1702.322 - Law Enforcement Personnel - Answer- This chapter does not apply to: (1) a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman if the officer: (A) is employed in an employee-employer relationship or employed on an individual contractual basis: (i) directly by the recipient of the services; or (ii) by a company licensed under this chapter; (B) is not in the employ of another peace officer; (C) is not a reserve peace officer; and (D) works as a peace officer on the average of at least 32 hours a week, is compensated by the state or a political subdivision of the state at least at the minimum wage, and is entitled to all employee benefits offered to a peace officer by the state or political subdivision; (2) a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county; (3) a peace officer acting in an official capacity in responding to a burglar alarm or detection device; or (4) a person engaged in the business of electronic monitoring of an individual as a condition of that individual's community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter. Texas Private Security Act CH. 1702.323(a) - Security Department of Private Business - Answer- (a) Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer. Texas Private Security Act CH. 1702.323(b) - Security Department of Private Business - Answer- (b) An individual described by Subsection (a) who carries a firearm in the course of employment must obtain a private security officer commission under this chapter. Texas Private Security Act CH. 1702.323(c) - Security Department of Private Business - Answer- (c) The security department of a private business may not hire or employ an individual to perform a duty described by Section 1702.222 if the individual has been convicted of a crime that would otherwise preclude the individual from being registered under this chapter. The private business shall maintain the individual's criminal history 47 record on file at the business and shall make the record available for inspection by the Department of Public Safety. Texas Private Security Act CH. 1702.323(c-1) - Security Department of Private Business - Answer- (c-1) Although the security department of a private business that hires or employs an individual as a private security officer to possess a firearm in the course and scope of the individual's duties is required to apply for a security officer commission for the individual under this chapter, the security department of a private business is not required to apply to the board for any license under this chapter. Texas Private Security Act CH. 1702.323(d) - Security Department of Private Business - Answer- (d) This chapter applies to an individual described by Subsection (a) who in the course of employment: (1) comes into contact with the public; (2) wears: (A) a uniform commonly associated with security personnel or law enforcement; (B) any type of badge commonly associated with security personnel or law enforcement; or (C) a patch or apparel containing the word "security" or a substantially similar word that is intended to or is likely to create the impression that the individual is performing security services; and (3) performs a duty described by Section 1702.108 or 1702.222. Texas Private Security Act CH. 1702.324(a) - Certain Occupations - Answer- (a) For the purposes of this section, "landman" means an individual who, in the course and scope of the individual's business: (1) acquires or manages petroleum or mineral interests; or (2) performs title or contract functions related to the exploration, exploitation, or disposition of petroleum or mineral interests. Texas Private Security Act CH. 1702.324(b) - Certain Occupations - Answer- (b) This chapter does not apply to: (1) a manufacturer or a manufacturer's authorized distributor while selling equipment intended for resale; (2) a person engaged exclusively in the business of obtaining and providing information to: (A) determine creditworthiness; (B) collect debts; or (C) ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond; (3) a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest; (4) a person who is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for pre-employment purposes; (5) a person who: 50 (i) the organization's members; or (ii)if the organization does not have members, the members of the communities served by the organization as described in the organization's articles of incorporation or other organizational documents; (C) devotes the net receipts from all charges for the services exclusively to the cost of providing the services or to the costs of other services for the enhancement of the security or safety of: (i) the organization's members; or (ii) if the organization does not have members, the members of the communities served by the organization as described in the organization's articles of incorporation or other organizational documents; and (D) ) does not perform any other service that requires a license under this chapter; or (2) a charitable, nonprofit organization that maintains a system of records to aid in the location of missing children and that: (A) is exempt from the payment of federal income taxes under Section 501(a) of the Internal Revenue Code of 1986 and its subsequent amendments by being listed as an exempt entity under Section 501(c)(3) of that code; (B) exclusively provides services related to locating missing children; and (C) does not perform any other service that requires a license under this chapter. Texas Private Security Act CH. 1702.328 - Security Systems Sales and Installation - Answer- This chapter does not apply to: (1) a person who owns and installs a burglar detection or alarm device on the person's own property or, if the person does not charge for the device or the installation, installs the device for the protection of the person's personal property located on another person's property and does not, as a normal business practice, install the devices on the property of another; (2) a person in the business of building construction that installs electrical wiring and devices that may include in part the installation of a burglar alarm or detection device if: (A) the person is a party to a contract that provides that: (i) the installation will be performed under the direct supervision of, and inspected and certified by, a person licensed to install and certify the alarm or detection device; and (ii)the license holder assumes full responsibility for the installation of the alarm or detection device; and (B) the person does not service or maintain alarm systems, electronic access control devices, locks, or detection devices; (3) a person who sells or installs automobile burglar alarm devices and who does not perform any other act that requires a license under this chapter; or (4) a person who sells exclusively by e-commerce, over the counter transactions, or mail order, alarm systems, electronic access control devices, locks, or detection devices. Texas Private Security Act CH. 1702.329 - Fire Alarm and Detection Sales and Installation - Answer- This chapter does not apply to: (1) a person whose activities are regulated under Article 5.43-2, Insurance Code, except to the extent those activities are specifically regulated under this chapter; or 51 (2) a person who holds a license or other credential issued by a municipality to practice as an electrician and who installs fire or smoke detectors only in single-family or multifamily residences. Texas Private Security Act CH. 1702.330 - Security Personnel of Private Institution of Higher Education - Answer- This chapter does not apply to: (1) a person who is employed full-time by and is commissioned as a campus security personnel employee by a private institution of higher education under Section 51.212, Education Code; or (2) a peace officer commissioned by an incorporated municipality who is hired under Section 51.212, Education Code, on a regular basis by a private institution of higher education while that peace officer is operating within the scope of the peace officer's employment with the institution of higher education. Texas Private Security Act CH. 1702.331(a) - Personal Emergency Response Systems - Answer- (a) In this section, "personal emergency response system" means an alarm system that is: (1) installed in the residence of a person; (2) monitored by an alarm systems company; (3) designed only to permit the person to signal the occurrence of a medical or personal emergency on the part of the person so that the company may dispatch appropriate aid; and (4) not part of a combination of alarm systems that includes a burglar alarm or fire alarm. Texas Private Security Act CH. 1702.331(b) - Personal Emergency Response Systems - Answer- (b) This chapter does not apply to: (1) an alarm systems company that sells, installs, services, monitors, or responds to only personal emergency response systems; (2) an alarm systems installer who installs, maintains, or repairs only personal emergency response systems; (3) a manager or branch office manager of an alarm systems company described by Subdivision (1); (4) a security salesperson who is employed by an alarm systems company described by Subdivision (1) to sell services offered by the company; and (5) an owner, officer, partner, or shareholder of an alarm systems company described by Subdivision (1). Texas Private Security Act CH. 1702.332(a) - Telematics Service Providers - Answer- (a) In this section, "telematics service" means: (1) a service that: (A) is provided to owners, operators, and occupants of consumer vehicles or commercial Page 37 of 44 52 fleet vehicles through the remote access of in- vehicle data that may rely on global positioning system satellite data to fix the exact location of the vehicle, including: (i) location-specific emergency and roadside vehicle breakdown assistance; (ii) automatic collision notification; (iii) real-time traffic and navigation information; (iv) remote vehicle diagnostics; and (v) stolen vehicle recovery; (B) is enabled through the two-way communication of voice or data, often with an interactive voice response technology interface, between a service subscriber's vehicle and a telematics company's response center; and (C) is provided to: (i) enhance vehicle service, safety, and convenience while driving for vehicle owners; (ii) enable automakers and automobile dealerships to achieve greater service and customer management efficiencies and to increase customer retention; and (iii) enable fleet operators to remotely manage their vehicles and other mobile assets; and (2) a related service provided to consumers, automakers, automobile dealerships, and commercial fleet operators by a telematics company as part of the emerging technology industry that delivers telematics services on a national basis to service subscribers. Texas Private Security Act CH. 1702.332(b) - Telematics Service Providers - Answer- b) Except as otherwise provided by this section, this chapter does not apply to a person who provides a telematics service in this state. Texas Private Security Act CH. 1702.332(c) - Telematics Service Providers - Answer- (c) To qualify for the exemption provided by Subsection (b), a telematics service provider shall: (1) establish business practices and procedures that are at least as stringent as the guidelines established by the Association of Public Safety Communications Officials International regarding the communication of information from telematics service providers to public safety agencies; and (2) pay an annual fee of $2,500 to the department. Texas Private Security Act CH. 1702.332(d) - Telematics Service Providers - Answer- (d) The department may adopt rules necessary to carry out the purposes of this section, including rules to determine whether a telematics service provider is complying with Subsection (c). Texas Private Security Act CH. 1702.333(a) - Place of Religious Worship; Certain Volunteers - Answer- (a) In this section, "volunteer security services" means services or activities that are: (1) regulated under this chapter; and (2) provided without compensation or remuneration. Texas Private Security Act CH. 1702.333(b) - Place of Religious Worship; Certain Volunteers - Answer- (b) This chapter does not apply to a person who is providing 55 hearing before the State Office of Administrative Hearings. A proceeding under this section is a contested case that is governed by Chapter 2001, Government Code. Texas Private Security Act CH. 1702.364(a) - Summary Actions - Answer- (a) On receiving written notice from a law enforcement agency that a person has been charged with or convicted of an offense that would make the person ineligible for a license, certificate of registration, endorsement, or security officer commission under Section 1702.113 or 1702.163, or a rule adopted under Section 1702.004(b), the department shall: (1) summarily deny the person's application for a license, registration, endorsement, or security officer commission; (2) in the event of pending charges, summarily suspend the person's license, certificate of registration, endorsement, or security officer commission; or (3) in the event of a conviction, summarily revoke the person's license, certificate of registration, endorsement, or security officer commission. Texas Private Security Act CH. 1702.364(b) - Summary Actions - Answer- (b) To initiate a proceeding to take action under Subsection (a), the department must serve notice to the person. The notice must: (1) inform the person of the right to a preliminary hearing before the department; (2) state the basis for the summary action; and (3) be personally served on the person or the person's authorized representative, or sent to the person by certified or registered mail, return receipt requested, to the person's mailing address as it appears in the department's records. Texas Private Security Act CH. 1702.364(c) - Summary Actions - Answer- (c) The action is effective at the time notice is served. The person shall immediately surrender to the department any certificate of registration, security officer commission, pocket card, or other form of identification issued by the department. Texas Private Security Act CH. 1702.364(d) - Summary Actions - Answer- (d) At a preliminary hearing, the person must show cause why: (1) the application should not have been denied; (2) the registration, license, endorsement, or security officer commission should not have been suspended; or (3) the registration, license, endorsement, or commission should not have been revoked. Texas Private Security Act CH. 1702.364(e) - Summary Actions - Answer- (e) ) Chapter 2001, Government Code, does not apply to the department's initial action under this section or to a preliminary hearing before the department under this section. Texas Private Security Act CH. 1702.364(f) - Summary Actions - Answer- (f) The dismissal of a complaint, information, or indictment or an acquittal releases the person from automatic grounds for a summary denial of an application or summary suspension of a registration, endorsement, or security officer commission under this section. A 56 conviction for the offense giving rise to a summary suspension is automatic grounds for immediate, summary revocation. Texas Private Security Act CH. 1702.364(g) - Summary Actions - Answer- (g) The results of the preliminary hearing may be appealed by requesting, in writing, a hearing before an administrative law judge of the State Office of Administrative Hearings. On receipt of the request, the department shall set a hearing and give written notice of the hearing to the person. Texas Private Security Act CH. 1702.364(h) - Summary Actions - Answer- (h) The administrative law judge shall make findings of fact and conclusions of law regarding the person's eligibility for a license, registration, or endorsement under this section and promptly issue to the board a proposal for a decision. Texas Private Security Act CH. 1702.364(i) - Summary Actions - Answer- (i) At its earliest possible quarterly meeting, the board shall consider the proposal for decision and promptly issue a final order. Texas Private Security Act CH. 1702.364(j) - Summary Actions - Answer- (j) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 4.102(8), eff. September 1, 2009. Texas Private Security Act CH. 1702.365 - Abduction of a Child - Answer- The board shall revoke a person's license, registration, endorsement, or security officer commission or deny a person's application for, or renewal of, a license, registration, endorsement, or security officer commission on proof that the person or an agent of the person has, after the date of application for a license, registration, endorsement, or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who: (1) has custody or physical possession of the child under a court order; or (2) is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order. Texas Private Security Act CH. 1702.367(a) - Complaint Investigation; Subpoena; Witness - Answer- (a) For an investigation conducted under this chapter, if necessary to enforce this chapter or the board's rules, the department may issue an administrative subpoena to any person in this state compelling: (1) the production of information or documents; or (2) the attendance and testimony of a witness. Texas Private Security Act CH. 1702.367(b) - Complaint Investigation; Subpoena; Witness - Answer- (b) A witness is not privileged to refuse to testify to a fact or to produce a record or document with respect to which the witness is properly examined by the hearings officer. 57 Texas Private Security Act CH. 1702.367(c) - Complaint Investigation; Subpoena; Witness - Answer- (c) A person required to testify or to produce a record or document on any matter properly under inquiry by the board who refuses to testify or to produce the record or document on the ground that the testimony or the production of the record or document would incriminate or tend to incriminate the person is nonetheless required to testify or to produce the record or document. A person who is required to testify or to produce a record or document under this subsection is not subject to indictment or prosecution for a transaction, matter, or thing concerning which the person truthfully testifies or produces evidence. Texas Private Security Act CH. 1702.367(d) - Complaint Investigation; Subpoena; Witness - Answer- (d) If a witness refuses to obey a subpoena or to give evidence relevant to proper inquiry by the board, the board may petition a district court of the county in which the hearing is held to compel the witness to obey the subpoena or to give the evidence. The court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible. Texas Private Security Act CH. 1702.367(e) - Complaint Investigation; Subpoena; Witness - Answer- (e) An investigator employed by the board may take statements under oath in an investigation of a matter covered by this chapter. Texas Private Security Act CH. 1702.367(f) - Complaint Investigation; Subpoena; Witness - Answer- (f) A person licensed or otherwise regulated under this chapter who fails without good cause to comply with a subpoena issued under this section may be subject to suspension of a license under Section 1702.361. Texas Private Security Act CH. 1702.367(g) - Complaint Investigation; Subpoena; Witness - Answer- (g) If a subpoena issued under this section relates to an ongoing criminal investigation by the department and the department determines that disclosure could significantly impede the investigation, the subpoena may provide that the person to whom the subpoena is directed may not: (1) disclose that the subpoena has been issued; (2) identify or describe any records requested by the subpoena; or (3) disclose whether records have been furnished in response to the subpoena. Texas Private Security Act CH. 1702.368 - Notification of Conviction for Certain Offenses - Answer- The department shall notify the board and the police department of the municipality and the sheriff's department of the county in which a person licensed, registered, or commissioned under this chapter resides of the conviction of the person for a Class B misdemeanor or equivalent offense or a greater offense. Texas Private Security Act CH. 1702.369 - No Reinstatement After Revocation - Answer- A revoked license may not be reinstated. Texas Private Security Act CH. 1702.370 - Effect of Suspension; Monitoring of Existing Alarm Contracts - Answer- Subject to expiration of the license under Section 1702.306, 60 Texas Private Security Act CH. 1702.3835(b) - Deceptive Trade Practices - Answer- (b) A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this chapter. Texas Private Security Act CH. 1702.384(a) - Falsification of Certain Documents; Offense - Answer- (a) A person commits an offense if the person knowingly falsifies fingerprints or photographs submitted under Section 1702.110. Texas Private Security Act CH. 1702.384(b) - Falsification of Certain Documents; Offense - Answer- (b) An offense under this section is a felony of the third degree. Texas Private Security Act CH. 1702.3841(a) - Insufficient Insurance Coverage; Offense - Answer- (a) A person commits an offense if the person is subject to Section 1702.124 and knowingly fails to provide and maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the business activities of the person related to private security. A person is presumed to have acted knowingly for purposes of this subsection if the person received reasonable notice from the department and an opportunity to provide or maintain the documentation required by Section 1702.124 and failed to do so. Texas Private Security Act CH. 1702.3841(b) - Insufficient Insurance Coverage; Offense - Answer- (b) An offense under this section is a Class A misdemeanor. Texas Private Security Act CH. 1702.385(a) - Neglect by Guard Dog Company; Offense - Answer- (a) A license holder commits an offense if the license holder: (1) operates a guard dog company; and (2) fails to provide necessary food, care, or shelter for an animal used by the guard dog company. Texas Private Security Act CH. 1702.385(b) - Neglect by a Guard Dog Company; Offense - Answer- (b) An offense under this section is a Class A misdemeanor. Texas Private Security Act CH. 1702.386(a) - Unauthorized Employment; Offense - Answer- (a) A person commits an offense if the person contracts with or employs a person who is required to hold a license, registration, endorsement, or commission under this chapter knowing that the person does not hold the required license, registration, endorsement, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter. Texas Private Security Act CH. 1702.386(b) - Unauthorized Employment; Offense - Answer- (b) An offense under Subsection (a) is a Class A misdemeanor. Texas Private Security Act CH. 1702.3863(a) - Unauthorized Contract with Bail Bond Surety; Offense - Answer- (a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the 61 appearance of a person who has violated Section 38.10, Penal Code, unless the person is: (1) a peace officer; (2) an individual endorsed or licensed as a private investigator or the manager of a licensed investigations company; or (3) a commissioned security officer employed by a licensed guard company. Texas Private Security Act CH. 1702.3863(b) - Unauthorized Contract with Bail Bond Surety; Offense - Answer- (b) An offense under Subsection (a) is a state jail felony. Texas Private Security Act CH. 1702.3867(a) - Execution of Capias or Arrest Warrant; Offense - Answer- (a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not: (1) enter a residence without the consent of the occupants; (2) execute the capias or warrant without written authorization from the surety; (3) wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or (4) notwithstanding Section 9.51, Penal Code, use deadly force. Texas Private Security Act CH. 1702.3867(b) - Execution of Capias or Arrest Warrant; Offense - Answer- (b) Notwithstanding Subsection (a)(3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety. Texas Private Security Act CH. 1702.3867(c) - Execution of Capias or Arrest Warrant; Offense - Answer- (c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to: (1) if the arrest is made in the county in which the capias or warrant was issued: (A) the county jail for that county if: (i) the offense is a Class A or Class B misdemeanor or a felony; or (ii)the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or (B) the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or (2) if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made. Texas Private Security Act CH. 1702.3867(d) - Execution of Capias or Arrest Warrant; Offense - Answer- (d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony. Texas Private Security Act CH. 1702.387(a) - Failure to Surrender Certain Documents; Offense - Answer- (a) A person commits an offense if the person fails to surrender or immediately return to the board the person's registration, commission, pocket card, or 62 other identification issued to the person by the board on notification of a summary suspension or summary denial under Section 1702.364. Texas Private Security Act CH. 1702.387(b) - Failure to Surrender Certain Documents; Offense - Answer- (b) An offense under this section is a Class A misdemeanor. Texas Private Security Act CH. 1702.3875(a) - Impersonating Security Officer; Offense - Answer- (a) A person commits an offense if the person: (1) impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a security officer; or (2) knowingly purports to exercise any function that requires registration as a non- commissioned security officer or a security officer commission. Texas Private Security Act CH. 1702.3875(b) - Impersonating Security Officer; Offense - Answer- (b) An offense under this section is a Class A misdemeanor. Texas Private Security Act CH. 1702.388(a) - Violation of Chapter; Offense - Answer- a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed. Texas Private Security Act CH. 1702.388(b) - Violation of Chapter; Offense - Answer- (b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, endorsement, certificate, or commission that the person is required to hold under this chapter. Texas Private Security Act CH. 1702.389 - Venue - Answer- An offense under this chapter may be prosecuted in Travis County or in the county in which the offense occurred. Texas Private Security Act CH. 1702.401(a) - Amount of Penalty - Answer- (a) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. The amount of each separate violation may not exceed $5,000. Texas Private Security Act CH. 1702.401(b) - Amount of Penalty - Answer- (b) The amount of a violation shall be based on: (1) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (2) the economic harm to property or the public caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; (5) efforts to correct the violation; and Page 44 of 44 (6) any other matter that justice may require. 65 (2) an offense that does not directly relate to the duties and responsibilities of the licensed occupation and that was committed less than five years before the date the person applies for the license; (3) an offense listed in Article 42A.054, Code of Criminal Procedure; or (4) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure. Texas Occupation Code CH. 53.021(a-1) - Authority to Revoke, Suspend, or Deny License - Answer- (a-1) Subsection (a) does not apply to a person who has been convicted only of an offense punishable as a Class C misdemeanor unless: (1) the person is an applicant for or the holder of a license that authorizes the person to possess a firearm; and (2) the offense for which the person was convicted is a misdemeanor crime of domestic violence as that term is defined by 18 U.S.C. Section 921. Texas Occupation Code CH. 53.021(b) - Authority to Revoke, Suspend, or Deny License - Answer- (b) A license holder's license shall be revoked on the license holder's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision. Texas Occupation Code CH. 53.021(c) - Authority to Revoke, Suspend, or Deny License - Answer- (c) Except as provided by Subsections (d) and (e), notwithstanding any other law, a licensing authority may not consider a person to have been convicted of an offense for purposes of this section if, regardless of the statutory authorization: (1) the person entered a plea of guilty or nolo contendere; (2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and (3) at the end of the period of supervision, the judge dismissed the proceedings and discharged the person. Texas Occupation Code CH. 53.021(d) - Authority to Revoke, Suspend, or Deny License - Answer- (d) A licensing authority may consider a person to have been convicted of an offense for purposes of this section regardless of whether the proceedings were dismissed and the person was discharged as described by Subsection (c) if: (1) the person was charged with: (A) any offense described by Article 62.001(5), Code of Criminal Procedure; or (B) an offense other than an offense described by Paragraph (A) if: (i) the person has not completed the period of supervision or the person completed the Page 3 of 5 period of supervision less than five years before the date the person applied for the license; or (ii) a conviction for the offense would make the person ineligible for the license by operation of law; and 66 (2) after consideration of the factors described by Sections 53.022 and 53.023(a), the licensing authority determines that: (A) the person may pose a continued threat to public safety; or (B) employment of the person in the licensed occupation would create a situation in which the person has an opportunity to repeat the prohibited conduct. Texas Occupation Code CH. 53.021(e) - Authority to Revoke, Suspend, or Deny License - Answer- (e) Subsection (c) does not apply if the person is an applicant for or the holder of a license that authorizes the person to provide: (1) law enforcement or public health, education, or safety services; or (2) financial services in an industry regulated by a person listed in Section 411.0765(b)(18), Government Code. Texas Occupation Code CH. 53.0211(a) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (a) This section does not apply to an applicant for a license that would allow the applicant to provide: (1) law enforcement services; (2) public health, education, or safety services; or (3) financial services in an industry regulated by the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner. Texas Occupation Code CH. 53.0211(b) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (b) Notwithstanding any law other than Subsection (a) and unless the applicant has been convicted of an offense described by Section 53.021(a), a licensing authority shall issue to an otherwise qualified applicant who has been convicted of an offense: (1) the license for which the applicant applied; or (2) a provisional license described by Subsection (c). Texas Occupation Code CH. 53.0211(c) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (c) A licensing authority may issue a provisional license for a term of six months to an applicant who has been convicted of an offense. Texas Occupation Code CH. 53.0211(d) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (d) The licensing authority shall revoke a provisional license if the provisional license holder: (1) commits a new offense; (2) commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, if applicable; or (3) violates the law or rules governing the practice of the occupation for which the provisional license is issued. Texas Occupation Code CH. 53.0211(e) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (e) The licensing authority shall issue the license for which the applicant originally applied to a provisional license holder on the expiration of 67 the provisional license term if the provisional license holder does not engage in conduct described by Subsection (d). Texas Occupation Code CH. 53.0211(f) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (f) If the licensing authority revokes a provisional license under Subsection (d), the provisional license holder is disqualified from receiving the license for which the applicant originally applied. Texas Occupation Code CH. 53.0211(g) - Licensing of Certain Applicants with Prior Criminal Convictions - Answer- (g) An applicant who is on community supervision, mandatory supervision, or parole and who is issued a provisional license under this section shall provide to the licensing authority the name and contact information of the probation or parole department to which the person reports. The licensing authority shall notify the probation or parole department that a provisional license has been issued. The probation or parole department shall notify the licensing authority if the person's community supervision, mandatory supervision, or parole supervision is revoked during the term of the provisional license. Texas Occupation Code CH. 53.022 - Factors in Determining Whether Conviction Relates to Occupation - Answer- In determining whether a criminal conviction directly relates to an occupation, the licensing authority shall consider: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purposes for requiring a license to engage in the occupation; (3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation. Texas Occupation Code CH. 53.023(a) - Additional Factors for Licensing Authority to Consider - Answer- (a) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person who has been convicted of a crime, the licensing authority shall consider, in addition to the factors listed in Section 53.022: (1) the extent and nature of the person's past criminal activity; (2) the age of the person when the crime was committed; (3) the amount of time that has elapsed since the person's last criminal activity; (4) the conduct and work activity of the person before and after the criminal activity; (5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; and (6) other evidence of the person's fitness, including letters of recommendation from: (A) prosecutors and law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; (B) the sheriff or chief of police in the community where the person resides; and (C) any other person in contact with the convicted person. 70 licensing authority shall issue a letter setting out each basis for potential ineligibility and the authority's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the licensing authority at the time the letter is issued, the authority's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter. Texas Occupation Code CH. 53.104(c) - Determination of Eligibility; Letter - Answer- (c) A licensing authority must provide notice under Subsection (a) or issue a letter under Subsection (b) not later than the 90th day after the date the authority receives the request. Texas Occupation Code CH. 53.105 - Fees - Answer- A licensing authority may charge a person requesting an evaluation under this subchapter a fee adopted by the authority. Fees adopted by a licensing authority under this subchapter must be in an amount sufficient to cover the cost of administering this subchapter. Texas Code of Criminal Procedure CH. 42A.054(a) - Limitation on Judge-ordered Community Supervision - Answer- (a) Article 42A.053 does not apply to a defendant adjudged guilty of an offense under: (1) Section 15.03, Penal Code, if the offense is punishable as a felony of the first degree; (2) Section 19.02, Penal Code (Murder); (3) Section 19.03, Penal Code (Capital Murder); (4) Section 20.04, Penal Code (Aggravated Kidnapping); (5) Section 20A.02, Penal Code (Trafficking of Persons); (6) Section 21.11(a)(1), Penal Code (Indecency with a Child); (7) Section 22.011, Penal Code (Sexual Assault); (8) Section 22.021, Penal Code (Aggravated Sexual Assault); (9) Section 22.04(a)(1), Penal Code (Injury to a Child, Elderly Individual, or Disabled Individual), if: (A) the offense is punishable as a felony of the first degree; and (B) the victim of the offense is a child; (10)Section 29.03, Penal Code (Aggravated Robbery); (11) Section 30.02, Penal Code (Burglary), if: (A) the offense is punishable under Subsection (d) of that section; and (B) the actor committed the offense with the intent to commit a felony under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (12) Section 43.05, Penal Code (Compelling Prostitution); (13) Section 43.25, Penal Code (Sexual Performance by a Child); or (14) Chapter 481, Health and Safety Code, for which punishment is increased under: (A) Section 481.140 of that code (Use of Child in Commission of Offense); or (B) Section 481.134(c), (d), (e), or (f) of that code (Drug-free Zones) if it is shown that the defendant has been previously convicted of an offense for which punishment was increased under any of those subsections. 71 Texas Code of Criminal Procedure CH. 42A.054(b) - Limitation on Judge-ordered Community Supervision - Answer- (b) Article 42A.053 does not apply to a defendant when it is shown that: (1) a deadly weapon as defined by Section 1.07, Penal Code, was used or exhibited during the: (A) commission of a felony offense; or (B) immediate flight from the commission of a felony offense; and (2) the defendant: (A) used or exhibited the deadly weapon; or (B) was a party to the offense and knew that a deadly weapon would be used or exhibited. Texas Code of Criminal Procedure CH. 42A.054(c) - Limitation on Judge-ordered Community Supervision - Answer- (c) On an affirmative finding regarding the use or exhibition of a deadly weapon as described by Subsection (b), the trial court shall enter the finding in the judgment of the court. Texas Code of Criminal Procedure CH. 42A.054(d) - Limitation on Judge-ordered Community Supervision - Answer- (d) On an affirmative finding that the deadly weapon under Subsection (c) was a firearm, the court shall enter that finding in its judgment. Texas Code of Criminal Procedure CH. 62.001 - Definitions - Answer- In this chapter: (6) "Sexually violent offense" means any of the following offenses committed by a person 17 years of age or older: (A) an offense under Section 21.02 (Continuous sexual abuse of young child or children), 21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual assault), Penal Code; (B) an offense under Section 43.25 (Sexual performance by a child), Penal Code; (C) an offense under Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually; (D) an offense under Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C) of Subdivision (5); or (E) an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), or (D). Texas Administrative Code CH. 35.1 - Definitions - Answer- The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise: (1) Act--Texas Occupations Code, Chapter 1702. (2) Application--Includes an application for an original, renewal, duplicate or updated registration, endorsement, commission, or license issued under the Act (3) Board--The Texas Private Security Board. (4) Department--The Texas Department of Public Safety. 72 (5) Licensee--A company licensed under the Act. (6) Mechanical security device--Any device designed to control the opening or closing of a room, building, safe, vault, lockbox, safety deposit box, or motor vehicle, and which is not an electric access control device or alarm system as defined by the Act. (7) Registrant--An individual who holds a registration, endorsement, or commission under the Act. (8) SOAH--The State Office of Administrative Hearings. (9) Television camera or still camera system--Any device or system of devices that produces a visual image or series of images either recorded, transmitted through an intranet or internet protocol based device, or monitored by security personnel, for the purposes of private security or surveillance. The phrase does not refer to a television camera or still camera system used exclusively: (A) To monitor traffic conditions on public roads; (B) To detect motor vehicle violations on public roads; (C) For telephone or video conferencing; (D) To monitor a manufacturing process; (E) For medical purposes by medical practitioners; (F) By a courtroom reporter or videographer to record depositions or testimony; or (G) By a licensed private investigator who installs, operates, and maintains ownership of the system for the purposes of an ongoing investigation. Texas Administrative Code CH. 35.2(a) - Employment Requirements - Answer- (a) Those registered with the department to perform a regulated service may only perform such services for the employer with whom they are registered. A person may not contract to perform a regulated service unless licensed by the department as a company under Subchapter F of the Act. Texas Administrative Code CH. 35.2(b) - Employment Requirements - Answer- (b)The employment relationship between a licensed company and its registered or commissioned employees must be such that the licensee's commercial liability insurance policy provides the statutorily required coverage for claims arising from the regulated services provided on behalf of the licensee by its registered or commissioned employees. The failure to maintain and provide current documentation of such coverage is a violation of the Act. Texas Administrative Code CH. 35.3(a) - Registration Applicant Pre-employment Check - Answer- (a) Pursuant to §1702.230 of the Act, the pre-employment background check of the applicant described in subsection (c) of this section must be conducted when: (1) An application meeting the requirements of §35.21 of this title (relating to Registration Applications) has been submitted; (2) The department's website does not indicate the application is complete within 48 hours after the submission of the applicant's fingerprints; and (3) Regulated services are to be performed by the applicant prior to issuance of the registration. 75 (A) An attempt to commit a crime listed in this subsection; (B) Aiding and abetting in the commission of a crime listed in this subsection; and (C) Being an accessory (before or after the fact) to a crime listed in this subsection. Texas Administrative Code CH. 35.4(d) - Guidelines for Disqualifying Criminal Offenses - Answer- (d) A felony conviction for an offense listed in subsection (c) of this section is disqualifying for ten (10) years from the date of the completion of the sentence, unless subject to this subsection. Texas Administrative Code CH. 35.4(e) - Guidelines for Disqualifying Criminal Offenses - Answer- (e) A Class A misdemeanor conviction for an offense listed in subsection (c) of this section is disqualifying for five (5) years from the date of completion of the sentence. Texas Administrative Code CH. 35.4(f) - Guidelines for Disqualifying Criminal Offenses - Answer- (f) Conviction for a felony or Class A offense that does not relate to the occupation for which license is sought is disqualifying for five (5) years from the date of commission, pursuant to Texas Occupations Code, §53.021(a)(2). Texas Administrative Code CH. 35.4(g) - Guidelines for Disqualifying Criminal Offenses - Answer- (g) Independently of whether the offense is otherwise described or listed in subsection (c) of this section, a conviction for an offense listed in Texas Code of Criminal Procedure, Article 42.12 §3g, or Article 42A.054, or that is a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or a conviction for burglary of a habitation, is permanently disqualifying subject to the requirements of Texas Occupations Code, Chapter 53. Texas Administrative Code CH. 35.4(h) - Guidelines for Disqualifying Criminal Offenses - Answer- (h) A Class B misdemeanor conviction for an offense listed in subsection (c) of this section is disqualifying for five (5) years from the date of conviction. Texas Administrative Code CH. 35.4(i) - Guidelines for Disqualifying Criminal Offenses - Answer- (i) Any unlisted offense that is substantially similar in elements to an offense listed in subsection (c) of this section is disqualifying in the same manner as the corresponding listed offense. Texas Administrative Code CH. 35.4(j) - Guidelines for Disqualifying Criminal Offenses - Answer- (j) A pending Class B misdemeanor charged by information for an offense listed in subsection (c) of this section is grounds for summary suspension. Texas Administrative Code CH. 35.4(k) - Guidelines for Disqualifying Criminal Offenses - Answer- (k) Any pending Class A misdemeanor charged by information or pending felony charged by indictment is grounds for summary suspension. Texas Administrative Code CH. 35.4(l) - Guidelines for Disqualifying Criminal Offenses - Answer- (l) In determining the fitness to perform the duties and discharge the 76 responsibilities of the licensed occupation of a person against whom disqualifying charges have been filed or who has been convicted of a disqualifying offense, the board shall consider: (1) The extent and nature of the person's past criminal activity; (2) The age of the person when the crime was committed; (3) The amount of time that has elapsed since the person's last criminal activity; (4) The conduct and work activity of the person before and after the criminal activity; (5) Evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release; (6) The date the person will be eligible; and (7) Any other evidence of the person's fitness, including letters of recommendation from: (A) Prosecutors or law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; or (B) The sheriff or chief of police in the community where the person resides. Texas Administrative Code CH. 35.4(m) - Guidelines for Disqualifying Criminal Offenses - Answer- (m) In addition to the documentation listed in subsection (l) of this section, the applicant or licensee or registrant shall furnish proof in the form required by the department that the person has: (1)Maintained a record of steady employment; (2) Supported the applicant's dependents; (3) Maintained a record of good conduct; and (4)Paid all outstanding court costs, supervision fees, fines and restitution ordered in any criminal case in which the applicant has been charged or convicted. Texas Administrative Code CH. 35.4(n) - Guidelines for Disqualifying Criminal Offenses - Answer- (n)The failure to timely provide the information listed in subsection (l) and subsection (m) of this section may result in the proposed action being taken against the application or license. Texas Administrative Code CH. 35.4(o) - Guidelines for Disqualifying Criminal Offenses - Answer- (o)The provisions of this section are authorized by the Act, §1702.004(b), and are intended to comply with the requirements of Texas Occupations Code, Chapter 53. Texas Administrative Code CH. 35.5(a) - Standards of Conduct - Answer- (a) The State Seal of Texas may not be displayed as part of a uniform or identification card, or markings on a motor vehicle, other than such items prepared or issued by the department. Texas Administrative Code CH. 35.5(b) - Standards of Conduct - Answer- (b)Licensees and registrants shall cooperate fully with any investigation conducted by the department, including but not limited to the provision of employee records upon request by the department and compliance with any subpoena issued by the department. Texas Administrative Code CH. 35.5(c) - Standards of Conduct - Answer- (c) If arrested, charged, or indicted for a criminal offense above the level of Class C misdemeanor, a 77 registrant shall within seventy-two (72) hours notify the employer, and the employer (when notified by the employee or otherwise informed) shall notify the department in writing (including by email) within seventy-two (72) hours of notification. The notification shall include the name of the arresting agency, the offense, court, and cause number of the charge or indictment. The registrant and employer must supplement their respective notifications as further information becomes available. Texas Administrative Code CH. 35.5(d) - Standards of Conduct - Answer- (d)Any registrant who has been issued a pocket card shall carry the pocket card on or about his person while on duty and shall present same upon request from a peace officer or to a representative of the department. Texas Administrative Code CH. 35.6(a) - Contract and Notification Requirements - Answer- (a)A licensee shall inform the client of the right to a written contract describing the fees to be charged and the services to be rendered. Texas Administrative Code CH. 35.6(b) - Contract and Notification Requirements - Answer- (b) If requested, a written contract for regulated services shall be furnished to a client within seven (7) days. Texas Administrative Code CH. 35.6(c) - Contract and Notification Requirements - Answer- (c) The written contract shall be dated and signed by the owner, manager, or other individual expressly authorized to execute contracts on behalf of the licensee. Texas Administrative Code CH. 35.6(d) - Contract and Notification Requirements - Answer- (d) Within seven (7) days of contracting for regulated services with another licensee, the licensee shall: (1)Notify the recipient of those services of the name, address, and telephone number, and individual to contact at the company that purchased the contract; (2)Notify the recipient of services at the time the contract is negotiated that another licensed company may provide any, all or part of the services requested by subcontracting or outsourcing those services; and (3)Notify the recipient of services of the name, address, phone number, and license number of the company providing those services, if any of the services are subcontracted or outsourced to a licensed third party. Texas Administrative Code CH. 35.6(e) - Contract and Notification Requirements - Answer- (e) The notice required under subsection (d) of this section shall: (1)Be mailed to the recipient in a written form that emphasizes the required information; and (2) If the services are those of an alarm system company, required notice shall include stickers or other materials to be affixed to the alarm system indicating the alarm system company's or alarm systems monitor's new telephone number. Texas Administrative Code CH. 35.6(f) - Contract and Notification Requirements - Answer- (f) Subsection (e) of this section shall not apply to an alarm system company 80 Texas Administrative Code CH. 35.9(d) - Advertisements - Answer- (d)For purposes of this section, an advertisement includes any media created or used for the purpose of promoting the regulated business of the licensee. Texas Administrative Code CH. 35.10 - Residential Solicitation - Answer- A licensee or employee of a licensee who offers or attempts to sell regulated goods or services to a homeowner or resident of a home or apartment through direct physical contact, including door to door solicitation, shall: (1)Carry a department issued pocket card, or a receipt of registration issued by the department, and present said pocket card or proof of registration for inspection to the homeowner or resident; (2) Inform the homeowner or resident of the person's name and employer's name; (3)Provide to the homeowner or resident, at no charge, a document or business card listing the person's name, employer's name, address, phone number, license number, and the department's phone number with instructions on how to contact or file a complaint with the department; (4)Not approach or solicit a home or residence during any times where a placard is displayed indicating that the homeowner or residential occupant does not wish to be solicited; and (5)Provide to the local law enforcement agency with primary jurisdiction a written list of all registrants that will be engaging in the door to door solicitation of its residents before any solicitation occurs. The licensed company shall update the information provided to the above referenced agency if there are any changes to the list. This notification can be made via fax, email, regular mail, or by hand delivery to the agency. This notification shall include the company name and department issued license number. Texas Administrative Code CH. 35.11 - Guard Dog Welfare Requirements - Answer- Each guard dog company and any licensed company using guard dogs shall comply with the requirements detailed in this section: (1)All pens, spaces, rooms, runs, cages, compartments, or hutches where guard dogs are housed, exercised, trained, or placed shall be kept clean and maintained in a sanitary condition. Excreta shall be removed as often as necessary to prevent contamination of the inhabitants and reduce disease hazards and odors. Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather. Page 7 of 28 (2)All animals shall be fed at least once a day except as otherwise might be directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding. Self feeders may be used for the feeding of food and shall be kept clean and sanitary to prevent molding, deterioration, or caking of feed. 81 (3)All animals shall be furnished ample water. If potable water is not accessible to the animals at all times, it shall be offered to them at least twice daily for periods of not less than one hour, except as directed by a licensed veterinarian. Watering receptacles shall be kept clean and sanitary. (4)All animals shall be vaccinated by a licensed veterinarian against rabies by the time they are four (4) months of age and within each subsequent twelve (12) month interval thereafter. Official rabies vaccination certificates issued by the vaccinating veterinarian shall contain certain standard information as designated by the Department of State Health Services. Information required is detailed in this paragraph: (A) Owner's name, address, and telephone number; (B) Animal identification, including species, sex, age (3 Month to 12 Month, 12 Month or older), size (lbs.), predominant breed and colors; (C) Vaccine used, producer, expiration date, and serial number; (D) Date vaccinated; (E) Rabies tag number; and (F) Veterinarian's signature and license number. Texas Administrative Code CH. 35.12 - Classification of Electronic Access Control Device Company License - Answer- Pursuant to the Act, the department has established that the electronic access control device company license will be classified as a Class B, security services contractor license. Texas Administrative Code CH. 35.13(a) - Drug-free Workplace Policy - Answer- (a) In the interest of creating a safe and drug-free work environment for clients and employees, all licensed companies shall establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy.'' Texas Administrative Code CH. 35.13(b) - Drug-free Workplace Policy - Answer- (b) A copy of the company's drug-free workplace policy shall be signed by each employee and kept in each employee's file. Texas Administrative Code CH. 35.14(a) - Security Officer Uniforms - Answer- (a)All commissioned and noncommissioned private security officers shall, at a minimum, display on their outermost garment the name of the company by which the security officer is employed, the word "Security," and the last name of the security officer. These items shall each be of a size, style, shape, design, and type that are clearly visible by a reasonable person under normal conditions. Texas Administrative Code CH. 35.14(b) - Security Officer Uniforms - Answer- (b)Subsection (a) of this section does not apply to a personal protection officer while performing personal protection services in plain clothes. Texas Administrative Code CH. 35.21(a) - Registration Applications - Answer- (a) It is the responsibility of the licensed company to ensure an application that meets the requirements of this section has been submitted to the department by or on behalf of 82 any employee who is required to register under the Act. An application must include all the items required under subsection (b) of this section in order to comply with the requirements of §1702.230(c) of the Act. Texas Administrative Code CH. 35.21(b) - Registration APllications - Answer- (b) The items detailed in this subsection must be submitted in the manner prescribed by the department: (1) The required fee; (2) A copy of the applicant's Level II certificate of completion when applicable; Page 8 of 28 (3) Fingerprints in the form and manner approved by the department; and (4) The criminal history check fee as provided in this chapter. Texas Administrative Code CH. 35.21(c) - Registration Applications - Answer- (c) As part of the department's criminal history check, additional court documents or related materials may be requested of the applicant. Failure to comply with such a request may result in the rejection of the application as incomplete. Texas Administrative Code CH. 35.22(a) - Renewal Applications for Registrations and Licenses - Answer- (a)An application for renewal must be submitted in the manner prescribed by the department. The application must include: (1) The required fee; (2) Fingerprints in the form and manner approved by the department; and (3) The criminal history check fee as provided in this chapter. Texas Administrative Code CH. 35.22(b) - Renewal Applications for Registrations and Licenses - Answer- (b)A complete renewal application must be submitted prior to expiration for the current registration, endorsement or license to remain in effect pending the approval of the renewal application. If the completed application is not received by the department prior to the expiration date, no regulated services may be performed until a complete renewal application is submitted in compliance with this chapter. Texas Administrative Code CH. 35.23(a) - Termination of Incomplete Applications - Answer- (a) If an application is illegible or incomplete, the department will notify the applicant of the deficiency. The applicant will have ninety (90) days from the date of notice to address the deficiency. Upon request of the applicant, the department may extend the period to address the deficiency for one additional ninety (90) day period. If the applicant is unable to provide the required information the applicant may request a hearing before the department to determine whether the application may proceed without the requested information. If the applicant has neither provided the required information nor requested a hearing prior to the expiration of the time allowed for compliance, the application will be terminated. An application will not be terminated while a hearing requested under this subsection is pending. 85 may be terminated by written consent of the qualified manager or an individual designated by the qualified manager verified by affidavit by the manager as authorized to terminate the license. The license holder must provide the department written documentation reflecting the intended date of termination and the consent of the appropriate individuals in the form of notarized statements. Texas Administrative Code CH. 35.26(g) - Reclassification, Assignment, and Termination - Answer- (g)An assignment or termination effected by written consent of the qualified manager may be overturned within thirty (30) calendar days of the department's receipt of the qualified manager's consent documentation by majority vote of the entity's board of directors or the equivalent level decision making body of the licensee. Documentation of the vote must be received by the department within ten (10) business days of the board's decision. Texas Administrative Code CH. 35.27(a) - Insurance - Answer- (a) To comply with the Act's requirements relating to documentary evidence of insurance coverage, the documents submitted to the department must specifically show: (1) That the insurance is applicable to the conduct for which the licensee is licensed; (2) The exclusions or endorsements specific to the activity for which the licensee is licensed, or that there are no such exclusions or endorsements; and (3) The statutory minimum coverage limits, specifically distinguishing the limits for: (A) Each occurrence of bodily injury and property damage; (B) Each occurrence of personal injury; and Page 10 of 28 (C) The total aggregate amount of coverage for all occurrences. Texas Administrative Code CH. 35.27(b) - Insurance - Answer- (b)The applicant or licensee must also provide the department with the insurance agent's current contact information and Texas license number. Texas Administrative Code CH. 35.27(c) - Insurance - Answer- (c) Proof of insurance must be submitted in a form and manner prescribed by the department. Texas Administrative Code CH. 35.27(d) - Insurance - Answer- (d)Pursuant to the Act, failure to maintain on file with the department evidence of current insurance coverage as required under this chapter will result in immediate suspension of the license. The suspension will become effective upon receipt of the notice. Texas Administrative Code CH. 35.27(e) - Insurance - Answer- (e) The suspension may be rescinded upon receipt by the department of proof that there was no lapse in coverage. Such proof must be submitted within ten (10) business days following the effective date of the suspension. Texas Administrative Code CH. 35.27(f) - Insurance - Answer- (f) In the event of a lapse in coverage, or the failure to provide evidence of continuous coverage within ten (10) business days, the license will not be reinstated until a complete application for 86 reinstatement is submitted and approved. The application may be denied on grounds that the licensee has violated the Act or this chapter, including having provided regulated services while suspended pursuant to the Act. Texas Administrative Code CH. 35.28 - Registrant Name Change - Answer- A change of name must be reported to the department within thirty (30) days of the effective date of change. The notice of the change shall be in writing, and shall include a certified copy of the legal document ordering the name change. Texas Administrative Code CH. 35.29 - Registrant Termination - Answer- When a registered employee of a licensee is terminated for any conduct in violation of the Act or this chapter, the licensee shall notify the department of such conduct within fourteen (14) days of termination. The notification shall be submitted in the manner prescribed by the department and must include any and all available documentation or evidence concerning the alleged offense. Texas Administrative Code CH. 35.41(a) - Manager Examination - Answer- (a)All applicants for registration as qualified manager of a licensee must pass the written examination administered by the department. All applicants must pass the examination with a minimum score of 70%. Texas Administrative Code CH. 35.41(b) - Manager Examination - Answer- (b)Good order and discipline will be maintained during the examination. Conduct which is disruptive is grounds for immediate removal. Texas Administrative Code CH. 35.41(c) - Manager Examination - Answer- (c) An oral examination may be given upon receipt of proof of dyslexia as defined by Texas Education Code, §51.970. Proof must be submitted in writing in a manner prescribed by the department. Texas Administrative Code CH. 35.41(d) - Manager Examination - Answer- (d)Any examination other than the single examination authorized by payment of the original license fee shall be considered a reexamination for which the reexamination fee shall be required. Texas Administrative Code CH. 35.43(a) - Operation Without Manager - Answer- (a)When a qualified manager of a licensee has been terminated or is no longer employed as manager, and the department has been notified of the action in writing within fourteen (14) days, the business may be temporarily operated by an owner, Page 11 of 28 officer, partner, or shareholder for a period not to exceed sixty (60) days following the date of the manager's termination or cessation of managerial duties. Texas Administrative Code CH. 35.43(b) - Operation Without Manager - Answer- (b) In the event summary action has been taken against the manager, the manager must immediately cease all regulated functions as qualified manager. Any applicable period 87 of temporary operation pursuant to subsection (a) of this section shall run from the effective date of the summary action. Texas Administrative Code CH. 35.51 - Complaints - Answer- Complaints relating to alleged violations of the Act or this chapter should be submitted in writing to department headquarters through the Private Security Program's website or mail to the department's Regulatory Services Division. The complaint should provide: (1) Name and contact information of complainant; (2) Name and type of business of licensee; (3) Specific dates and times of described events; and (4) Detailed description of the violation. Texas Administrative Code CH. 35.52 - Administrative Penalties - Answer- The administrative penalties in this section are guidelines to be used in enforcement proceedings under the Act. The fines are to be construed as maximum penalties only, and are subject to application of the factors provided in §1702.402 of the Act. Texas Administrative Code CH. 35.52 - Administrative Penalties - UNI - Answer- UNI - Uniform Violation Failure to display last name identification on outermost garment $ 25.00 UNI - Uniform Violation Failure to display the word "Security" on outermost garment $ 50.00 UNI - Uniform Violation Failure to display company name on outermost garment $ 50.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - FPPC - Answer- FPPC - Failure to present pocket card Failure to present pocket card upon request; failure to present valid government issued photo I.D. if no photo on card $100.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - RECV - Answer- RECV - Employee records violation Full name of employee $ 25.00 RECV - Employee records violation Position of employee $ 25.00 RECV - Employee records violation Current residence of the security officer as reported by security officer $ 25.00 RECV - Employee records violation Date of employment when performing a regulated service 90 Texas Administrative Code CH. 35.52 - Administrative Penalties - BRNC - Answer- BRNC - Failure to notify establishment of branch office Failure to notify department within fourteen (14) days of opening branch office $500.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - BRNT - Answer- BRNT - Failure to notify closing of branch office Failure to notify department within fourteen (14) days of closing of branch office $350.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - CHNG - Answer- CHNG - Failure to notifyDepartment of change of license name Failure to notify department of a change in business name $500.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - MGRQ - Answer- MGRQ - Failure to Qualify a Manager Failure to qualify a manager within sixty (60) days $500.00 every fourteen (14) days Texas Administrative Code CH. 35.52 - Administrative Penalties - MGRS - Answer- MGRS- Manager failing to control business Manager failing to maintain adequate supervision $3,000.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - MGRT - Answer- MGRT - Failure to notify Department of manager termination within 14 days Failure to notify department of manager termination within fourteen (14) days $500.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - OPS - Answer- OPS - Failure to notify Department of a change of ownership Failure to notify change of ownership within fourteen (14) days $500.00 every fourteen (14) days Texas Administrative Code CH. 35.52 - Administrative Penalties - SEAL - Answer- SEAL - Using State Seal or DPS Seal Improper use of State Seal of Texas or Insignia of Texas Department of Public Safety $500.00 91 Texas Administrative Code CH. 35.52 - Administrative Penalties - OPINS - Answer- OPINS - Operational Insurance Violation Operating without insurance, or outside scope of coverage $500.00 every fourteen (14) days Texas Administrative Code CH. 35.52 - Administrative Penalties - INSD - Answer- INSD - Insurance Documentation Violation Failure to comply with requirements relating to proof of insurance $500.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - TSREC - Answer- TSREC- Training / CE School records violation Failure to maintain required records $ 50.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - FAV - Answer- FAV- Firearm violations Commission only - violations of firearm related rules on conduct $ 500.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - OPOS - Answer- OPOS- Operating Outside Scope of License Performing regulated service beyond scope of current license $ 5000.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - FD - Answer- FD Failure to maintain required records $ 50.00 Texas Administrative Code CH. 35.52 - Administrative Penalties - RSOL - Answer- RSOL- Residential Solicitation Violation Violation of §35.10 by company $500.00 per violation RSOL- Residential Solicitation Violation Violation of §35.10 by individual $100.00 per violation Texas Administrative Code CH. 35.61(a) - Service of Notice - Answer- (a) Licensees shall maintain on file with the department their current mailing and principal place of business address. Notification shall be submitted in writing and received by the department within fourteen (14) days of the date of the change of address. Texas Administrative Code CH. 35.61(b) - Service of Notice - Answer- (b)The department is entitled to rely on the address currently on file for all purposes relating to notification. The failure to maintain a current address with the department is not a defense to any action based on the licensee's failure to respond. 92 Texas Administrative Code CH. 35.61(c) - Service of Notice - Answer- (c) Service by mail is complete upon deposit of the document enclosed in a postage paid, properly addressed envelope in a U.S. Post Office or official depository under the care and control of the U.S. Postal Service. Texas Administrative Code CH. 35.62 - Default Judgments - Answer- Following adequate notice of a hearing on a contested case before SOAH, failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose of the case on a default basis. Texas Administrative Code CH. 35.63(a) - Hearing Costs - Answer- (a) In cases brought before SOAH, in the event the respondent is adjudicated as being in violation of the Act or this chapter after a trial on the merits, the department has authority to assess the actual costs of the administrative hearing in addition to the penalty imposed. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, transcription expenses, or any other costs that are necessary for the preparation of the department's case. Texas Administrative Code CH. 35.63(b) - Hearing Costs - Answer- (b)The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the respondent. Texas Administrative Code CH. 35.64(a) - Preliminary Hearings - Answer- (a) Preliminary hearings must be requested in writing within thirty (30) calendar days of receipt of the summary action notice letter. Texas Administrative Code CH. 35.64(b) - Preliminary Hearings - Answer- (b)The appeal of the preliminary hearing determination to SOAH must be submitted no later than fifteen (15) calendar days following the date of the determination letter. Texas Administrative Code CH. 35.64(c) - Preliminary Hearings - Answer- (c) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis. Texas Administrative Code CH. 35.65(a) - Contested Cases Based on Sex Offender Registration Requirement - Answer- (a) Pursuant to §1702.3615 of the Act, in cases in which the department seeks to deny an application or revoke a license or registration solely on the basis the individual is required to register as a sex offender, the applicant or licensee may waive the right to a hearing before SOAH and appeal directly to the board. This hearing before the board is an evidentiary hearing, conducted at one of the board's quarterly public meetings. Such a hearing may be requested by submitting a written request to the department, at the address provided on the notice. 95 Texas Administrative Code CH. 35.91(b) - Requirements for Personal Protection Endorsement - Answer- (b) A personal protection officer may transfer his endorsement to another employer if the personal protection officer: (1) Has transferred his security officer commission to the new employer; and (2) Submits the appropriate form and transfer fee to the department within fourteen (14) days of the transfer of employment to the new employer. Texas Administrative Code CH. 35.92 - Employer Requirements - Answer- Personal protection officer employers shall: (1) Issue the personal protection officer endorsement pocket card issued by the department to the personal protection officer; (2) Maintain on file for inspection all contracts for personal protection officer services; and (3)Maintain on file for inspection all current records on all persons issued a personal protection endorsement including the personal protection officer's name, current residential address, and telephone number. Texas Administrative Code CH. 35.93(a) - Personal Protection Officer Standards - Answer- (a) Personal protection officers must comply with all standards and requirements applicable to commissioned security officers, as provided in this chapter and the Act. Texas Administrative Code CH. 35.93(b) - Personal Protection Officer Standards - Answer- (b) In addition, a personal protection officer shall not: (1)Perform personal protection officer duties for any person(s) other than the person(s) employer indicated in the department records; (2) Fail to timely surrender the personal protection officer pocket card upon written notice served by the department or his employer; (3)While in the course and scope of employment as a personal protection officer, provide or engage in any other service regulated by the Act or this chapter other than providing personal protection from bodily harm to one (1) or more individuals; (4) Fail to conceal a firearm if providing the services as a commissioned personal protection officer in plain clothes; (5) Fail to carry on his or her person, the pocket card issued while performing the officer's duties as a personal protection officer; or (6) Fail to present the pocket card for security officer commission and personal protection endorsement upon request made by a peace officer or representative of the department. Texas Administrative Code CH. 35.101(a) - Private Business Letter of Authority - Answer- (a) The security department of a private business, as defined in the Act, must obtain a letter of authority to employ a commissioned security officer or personal protection officer. Texas Administrative Code CH. 35.101(b) - Private Business Letter of Authority - Answer- (b)To employ in a noncommissioned capacity an individual meeting the 96 conditions of §1702.323(d) of the Act, a security department of a private business must obtain a letter of authority and register the individual with the department. Texas Administrative Code CH. 35.101(c) - Private Business Letter of Authority - Answer- (c) A security department of a private business shall not provide guard company services to a third party. Texas Administrative Code CH. 35.101(d) - Private Business Letter of Authority - Answer- (d)The holder of a private business letter of authority must qualify a manager who meets the requirements of the Act as they pertain to the manager of a security services contractor and maintain on file with the department the name of the individual responsible to ensure the commissioned security officer's compliance and ensure records are maintained in accordance with applicable laws and rules. Texas Administrative Code CH. 35.101(e) - Private Business Letter of Authority - Answer- (e)A private business letter of authority is valid for one year and may be renewed by submitting the department approved renewal application and the required renewal fee no earlier than ninety (90) days prior to expiration. Texas Administrative Code CH. 35.102(a) - Governmental Letter of Authority - Answer- (a)A political subdivision that employs a commissioned private security officer or personal protection officer must obtain a governmental letter of authority. Texas Administrative Code CH. 35.102(b) - Governmental Letter of Authority - Answer- (b)The governmental letter of authority is valid for one (1) year and may be renewed by submitting the department approved renewal application and required renewal fee no earlier than ninety (90) days prior to expiration. Texas Administrative Code CH. 35.102(c) - Governmental Letter of Authority - Answer- (c) The holder of the governmental letter of authority must designate and maintain on file with the department the name of the individual responsible for ensuring the commissioned security officer's compliance with the Act and this chapter and for ensuring records are maintained in accordance with this chapter. Texas Administrative Code CH. 35.111 - Employee Records - Answer- Licensees shall keep records of all employees registered or commissioned under the Act. The employee records, detailed in this section, shall be maintained for a period of two (2) years from the last date of employment: (1)Full name, date of employment, position, and address; (2) Social security number; (3) Last date of employment; (4) Date and place of birth; (5) One color photograph; (6) The results of any drug tests; (7)Documentation of the pre-employment check required under §35.3 of this chapter (relating to Registration Applicant Pre-employment Check); and 97 (8) All training certificates earned by the employee while employed by the licensee. Texas Administrative Code CH. 35.112(a) - Business Records - Answer- (a) Licensees shall maintain copies of the records detailed in this section, or otherwise required under this chapter, for two (2) years from the later of the date the related service was provided or the date the contract was completed: (1) All contracts for regulated service and related documentation reflecting the actual provision of the regulated service; and (2) Copies of any timesheets, invoices, or scheduling records reflecting the employment dates of any registered employees. Texas Administrative Code CH. 35.112(b) - Business Records - Answer- (b) If the company has no physical place of business within the State of Texas, the records shall be maintained: (1) At the office of the registered agent within the State of Texas; or (2) At any physical location within the State of Texas of an agent or employee of the company. Texas Administrative Code CH. 35.113 - Records Required on Commissioned Security Officers - Answer- In addition to any other records required under this chapter, the employer of a commissioned security officer shall maintain and make available for inspection the records detailed in this section: Page 18 of 28 (1) The current residential address of the officer as reported by the officer; (2) The current duty assignment and location of assignment; (3) The results of all drug tests administered; and (4) Documented information on all required training obtained by the officer while employed by the licensee. Texas Administrative Code CH. 35.121(a) - Investigations Company License - Answer- (a) Pursuant to the Act, the department has determined that an applicant for licensure as a private investigations company or the prospective manager of the applicant company must meet one of the qualifications detailed in this section: (1)Three (3) consecutive years of investigation related experience; (2) A bachelor's degree in criminal justice or related course of study; (3) A bachelor's degree with twelve (12) months of investigation related experience; (4)An associate degree in criminal justice or related course of study, with twenty-four (24) months of investigation related experience; (5)A specialized course of study directly designed for and related to the private investigation profession, taught and presented through affiliation with a four (4) year college or university accredited and recognized by the State of Texas. This course of study must be endorsed by the four (4) year college or university's department of criminal justice program and include a departmental faculty member(s) on its instructional faculty. This course of study must consist of a minimum of two hundred (200) instructional hours including coverage of ethics, the Act, and this chapter; or