mtr 1 the board director personnel

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Chapter 1Chapter 1



MTRMTR

11The Board-Director- Personnel



Before we get startedBefore we get started

My name is Doug Anderson we have workedMy name is Doug Anderson we have workedvery hardvery hard

to insure that our program is up to date with theto insure that our program is up to date with thelatestlatest

copy of the Code &Rules. Im available 24/7 tocopy of the Code &Rules. Im available 24/7 tohelphelp

answer any questions that you May have, butanswer any questions that you May have, butpleaseplease

keep in mind im a hard sleeper so just keepkeep in mind im a hard sleeper so just keepringing myringing my

hone until I answer it I romise ou cant makehone until I answer it I romise ou cant make



Texas Department of

Public Safety

Private Security Bureau

Director/Manager

The Board

Class A Co.

Pvt Investigators

PPO¶s

Class B Co.

Guards

Class C Co.

Pvt

Investigators

PPO¶s

Guards

Class F

School

Level III

Training

Sch

Class O

Alarm

Level 1

School

Class P Co.

Private Buss

Letter

Of Authority

GUARDS

Class X Gov

Letter Of Auth

GUARDS

Class T Co.

Telematics

Governor Texas Legislature

Each Company above has owner/officer, Partner, shareholder.

Each Company above must be under the direction and control of One Manager

The Honorable Patrick Patterson,

Board Member

The Honorable Charles E Crenshaw,

Board Member

The Honorable Doris F Washington

Board Member

The Honorable John E Chism,

Chairman

The Honorable Howard H

Johnsen,

Vice Chairman

The Honorable Mark L. Smith,

Secretary

The Honorable Stella Caldera,

Board Member

Class D

CoElectronic

access

control

device

Co.



Chapter 1Chapter 1TheThe

BoardBoard



DefinitionsDefinitions³³State´ means the State of Texas or anyState´ means the State of Texas or any

political subdivision thereof.political subdivision thereof.



DefinitionsDefinitions³Department´ means the Texas³Department´ means the Texas

Department of Public SafetyDepartment of Public Safety

The Texas Department of Public SafetyThe Texas Department of Public Safetytook over administration of the Texastook over administration of the Texas

Private Security Bureau a few years ago.Private Security Bureau a few years ago.

Before that time, they were anBefore that time, they were an

independent agency.independent agency.



DefinitionDefinition³³Act Act´́ ± ± Title 10, Chapter Title 10, Chapter

1702, Texas Occupations1702, Texas Occupations

Code as amended by theCode as amended by the

Texas Legislature.Texas Legislature.



Texas Department of Texas Department of

Public SafetyPublic Safety(a) The board created under Section 1702.021 is(a) The board created under Section 1702.021 is

a part of the department. The department shalla part of the department. The department shall

administer this chapter through the board.administer this chapter through the board.

(b) A reference in this chapter or another law to(b) A reference in this chapter or another law to

the Texas Commission on Private Securitythe Texas Commission on Private Security

means the board.means the board.



DefinitionsDefinitions³Board´ means the members³Board´ means the members

appointed by the Governor of Texasappointed by the Governor of Texas

to serve as the governing body of theto serve as the governing body of theTexas Private Security Board or theTexas Private Security Board or the

staff serving thestaff serving the

administration/enforcement needs of administration/enforcement needs of that entity.that entity.



The BoardThe Board

Four MembersFour Members ± ±

Must be U. S. Citizens!Must be U. S. Citizens!

One Member One Member Licensed as a Private Investigator Licensed as a Private Investigator

One Member One Member

Licensed as an Alarm Systems CompanyLicensed as an Alarm Systems Company

One Member One Member

Licensed owner/operator of a Guard CompanyLicensed owner/operator of a Guard Company



The BoardThe Board Appointments to the commission shall be Appointments to the commission shall be

made without regard to themade without regard to the race, color,race, color,

disability, sex, religion, age, or national origindisability, sex, religion, age, or national originof the appointee!of the appointee!

Secretary of State shall issue a commission toSecretary of State shall issue a commission to

the member as evidence of the member¶sthe member as evidence of the member¶s

authority to act as a commission member,authority to act as a commission member,after the member takes the constitutional oathafter the member takes the constitutional oath

and receives the certificate of appointment!and receives the certificate of appointment!



The BoardThe BoardEligibility of Public MembersEligibility of Public Members

± ± The person or his spouseThe person or his spouse cannot becannot be

registered, commissioned, certified, or registered, commissioned, certified, or

licensed in private investigations or privatelicensed in private investigations or private

security!security!

± ± The personThe person cannot be employed or manage acannot be employed or manage a

business entity or other organizationbusiness entity or other organizationregulated by or receiving moneyregulated by or receiving money from thefrom the

Private Security Bureau.Private Security Bureau.



The BoardThe BoardEligibility of Public MembersEligibility of Public Members

± ± The person cannot own or control, directly or The person cannot own or control, directly or

indirectly, more thanindirectly, more than 10 %10 % in a business entityin a business entity

or other organization regulated by or receivingor other organization regulated by or receiving

money from the Commission (PSB)!money from the Commission (PSB)!

± ± The person cannot receive a substantialThe person cannot receive a substantial

amount of tangible goods, services, or moneyamount of tangible goods, services, or moneyfrom the Commission (PSB) other thanfrom the Commission (PSB) other than

compensation or authorized reimbursement!compensation or authorized reimbursement!



The BoardThe BoardMembership and EmployeeMembership and Employee

RestrictionsRestrictions

± ±Cannot be anCannot be an officer, employee or paidofficer, employee or paidconsultant of a trade associationconsultant of a trade association

± ± Spouse cannot be an officer, employeeSpouse cannot be an officer, employee

or paid consultant of a trade associationor paid consultant of a trade association ± ±Cannot be a lobbyistCannot be a lobbyist



DefinitionDefinition³Conflict of Interest´³Conflict of Interest´ ± ± A conflict or the A conflict or the

appearance thereof, between theappearance thereof, between the

private interests and the publicprivate interests and the publicobligations of an individual,obligations of an individual,

organization, or other legal entityorganization, or other legal entity

authorized to conduct businessauthorized to conduct businesspursuant to the Act.pursuant to the Act.



The BoardThe BoardTerms and VacanciesTerms and Vacancies Board MembersBoard Members

serve staggeringserve staggering sixsix--year terms: Termsyear terms: Terms

of two or three membersof two or three members expireexpire ononJanuary 31 of January 31 of each oddeach odd--numbered year numbered year

The Governor appoints a new member toThe Governor appoints a new member to

fill the unexpired term.fill the unexpired term.



The BoardThe BoardThe Governor shall designate one boardThe Governor shall designate one board

member as Presiding Officer member as Presiding Officer

± ± Without regard toWithout regard to race, creed, color, disability,race, creed, color, disability,

sex, race, religion, age, or national origin!sex, race, religion, age, or national origin!

The board elects an assistant presiding officer The board elects an assistant presiding officer

± ± In the absence of the presiding officer, theIn the absence of the presiding officer, the

assistant presiding officer shall preside at eachassistant presiding officer shall preside at eachboard meetingboard meeting



The BoardThe Board

Grounds for removalGrounds for removal

± ±Does not have theDoes not have the

qualificationsqualifications

± ±Does not maintain theDoes not maintain the

qualificationsqualifications ± ±Is ineligible for membershipIs ineligible for membership



The BoardThe Board

Grounds for removalGrounds for removal ± ± Cannot, because of illness or disability,Cannot, because of illness or disability,

discharge the members duties for adischarge the members duties for asubstantial part of the member¶s termsubstantial part of the member¶s term

± ± Is absent from more than half of theIs absent from more than half of the

meetings without an excuse approved bymeetings without an excuse approved by

the majority of the commissionthe majority of the commission



The BoardThe BoardGrounds for removalGrounds for removal ± ± If there is a reason to remove aIf there is a reason to remove a

commissioner (ground for removal), thecommissioner (ground for removal), thedirector, is required to notify the presidingdirector, is required to notify the presiding

officer and the presiding officer is required toofficer and the presiding officer is required to

notify the governor and the attorney general.notify the governor and the attorney general.



The BoardThe Board

Grounds for removalGrounds for removal

± ±If the person that needs to beIf the person that needs to be

removed is the presiding officer, theremoved is the presiding officer, theDirector is required to notify theDirector is required to notify the

assistant presiding officer, whoassistant presiding officer, who

notifies the governor and thenotifies the governor and theattorney general.attorney general.



The BoardThe BoardPer Diem; ReimbursementPer Diem; Reimbursement

± ± A board member is entitled to a per diem for A board member is entitled to a per diem for

each day the member engages in the businesseach day the member engages in the business

of the board!of the board!



The BoardThe BoardPer Diem; ReimbursementPer Diem; Reimbursement

± ± A member is entitled to reimbursement for A member is entitled to reimbursement for

travel expenses incurred while conductingtravel expenses incurred while conducting

board business, including expenses for board business, including expenses for transportation, meals, and lodging, astransportation, meals, and lodging, as

prescribed by the General Appropriations Act.prescribed by the General Appropriations Act.



The BoardThe BoardMeetingsMeetings

± ± The commission shall meet at regular intervalsThe commission shall meet at regular intervals

to be decided by the commission.to be decided by the commission.



The BoardThe BoardTrainingTraining

± ± A commission member may not vote, A commission member may not vote,

deliberate, or be counted as a member until thedeliberate, or be counted as a member until the

person completes a training program.person completes a training program.



The BoardThe BoardTraining Program Must IncludeTraining Program Must Include

± ± Chapter 1702Chapter 1702

± ± Programs operated by the commissionPrograms operated by the commission

± ± Role & Function of the commission.Role & Function of the commission.

± ± Rules of the commission, with an emphasis onRules of the commission, with an emphasis on

the rules that relate to disciplinary andthe rules that relate to disciplinary and

investigatory authority.investigatory authority.



The BoardThe BoardTraining Program Must IncludeTraining Program Must Include

± ± Current budget for the commissionCurrent budget for the commission

± ± Results of most recent formal auditResults of most recent formal audit

± ± Requirements of;Requirements of;Open Meetings LawOpen Meetings Law

Public Information LawPublic Information Law

Administrative Procedure Law Administrative Procedure Law

Conflict of Interest LawsConflict of Interest Laws



TrainingTraining

A person appointed to the commission A person appointed to the commission

is entitled to reimbursement, for theis entitled to reimbursement, for thetravel expenses incurred in attendingtravel expenses incurred in attending

the training program regardless of the training program regardless of

whether the attendance at the programwhether the attendance at the programoccurs before or after the personoccurs before or after the person

qualifies for office!qualifies for office!



Director & PersonnelDirector & PersonnelThe Director is the chief administrator The Director is the chief administrator

of the commission. The director shallof the commission. The director shall

perform duties as prescribed by theperform duties as prescribed by thecommission.commission.

The Director is a fullThe Director is a full--time employee of time employee of

the commission. A commissionthe commission. A commissionmember may not serve as Director!member may not serve as Director!



DefinitionDefinitionManager Manager ± ± Means the manager of the TexasMeans the manager of the Texas


((This is the definition of Manager in theThis is the definition of Manager in the

Administrative Rules! They are talking about the Administrative Rules! They are talking about the

Director Director !)!)



It¶s Confusing!It¶s Confusing!In these books, they call the Director theIn these books, they call the Director the

Manager! They also call the person thatManager! They also call the person that

manages a company the Manager and it ismanages a company the Manager and it is

difficult to understand which one they are talkingdifficult to understand which one they are talkingabout. Sometimes they use the term Director about. Sometimes they use the term Director

and Manager in the same paragraph.and Manager in the same paragraph.



Director & PersonnelDirector & Personnel ± ± An employee of the commission may not: An employee of the commission may not:

Have a financial or business interest, contingentHave a financial or business interest, contingent

or otherwise, in a security services contractor or or otherwise, in a security services contractor or

investigations company, or investigations company, or Be licensed under this chapter.Be licensed under this chapter.



Director & PersonnelDirector & Personnel

± ±Division of responsibilitiesDivision of responsibilities

The commission shall develop andThe commission shall develop and

implement policies that clearly separateimplement policies that clearly separatethe policythe policy--making responsibilities of themaking responsibilities of the

commission and the managementcommission and the management

responsibilities of the director and staff responsibilities of the director and staff

of the commission.of the commission.




Qualifications & Standards of Conduct Information TheQualifications & Standards of Conduct Information TheDirector or the Director¶s designee shall provide toDirector or the Director¶s designee shall provide tocommission members and to agency employeescommission members and to agency employeesinformation regarding the requirements for office or information regarding the requirements for office or

employment under this chapter.employment under this chapter.




± ±Career Ladder ProgramCareer Ladder Program

The director or the director¶s designeeThe director or the director¶s designee

shall develop an inter shall develop an inter--agency career agency career ladder program. The program mustladder program. The program must

require the inter require the inter--agency posting of eachagency posting of each

nonnon--entry level position at leastentry level position at least 10 days10 days

before any public posting.before any public posting.




± ±Career Ladder ProgramCareer Ladder Program

The director or the director¶s designeeThe director or the director¶s designee

shall develop a system of annualshall develop a system of annualperformance evaluations.performance evaluations.

All merit pay for commission employees All merit pay for commission employees

must be based on the systemmust be based on the system

established under this subestablished under this sub--section.section.




Equal Employment OpportunityEqual Employment Opportunity

Policy; ReportPolicy; Report Director must maintainDirector must maintain

written policy statement thatwritten policy statement thatimplements an equal opportunityimplements an equal opportunity

program to ensure that all personnelprogram to ensure that all personnel

decisions are made w/o regard todecisions are made w/o regard to

race, creed, color, disability, sex,race, creed, color, disability, sex,

religion, age or national origin.religion, age or national origin.




Policy Statement Must Include:Policy Statement Must Include: PersonnelPersonnel

policies, including policies related topolicies, including policies related to

recruitment, evaluation, selection,recruitment, evaluation, selection,

training, and promotion of personnel,training, and promotion of personnel,

that show the intent of the commissionthat show the intent of the commission

to avoid the unlawful employmentto avoid the unlawful employment

practices described by Chapter 21,practices described by Chapter 21,Labor Code, and;Labor Code, and;




Policy Statement Must Include: AnPolicy Statement Must Include: An

analysis of the extent to which theanalysis of the extent to which the

composition of the commission¶scomposition of the commission¶s

personnel is in accordance with federalpersonnel is in accordance with federal

and state law and a description of and state law and a description of

reasonable methods to achievereasonable methods to achieve

compliance with federal and state law.compliance with federal and state law.




± ±Policy Statement MustPolicy Statement Must

Be reviewed by the stateBe reviewed by the state

Commission on Human RightsCommission on Human Rights

Be updated at least annually; andBe updated at least annually; andBe filed with the Governor Be filed with the Governor




± ± Administrative Staff Administrative Staff The department shall designate a departmentThe department shall designate a department

employee who shall report directly to the board.employee who shall report directly to the board.

The employee shall assist the board in theThe employee shall assist the board in the

administration of the board¶s duties.administration of the board¶s duties.



Powers & Duties of CommissionPowers & Duties of Commission

Adopt rules and general policies to guide Adopt rules and general policies to guide

the agency in the administration of thisthe agency in the administration of this

chapter.chapter.

Rules & Policies adopted must beRules & Policies adopted must be

consistent with the Occupation Code andconsistent with the Occupation Code and

other commission rules and with all other other commission rules and with all other

applicable laws and federal law.applicable laws and federal law.



Powers & Duties of Powers & Duties of

CommissionCommissionCommission has the powersCommission has the powers

and duties to;and duties to;

± ±Determine the qualifications of Determine the qualifications of

license holders, registrants, andlicense holders, registrants, and

commissioned security officers.commissioned security officers.



Powers & Duties of Powers & Duties of

CommissionCommissionDefinition of License Holder;Definition of License Holder;

± ±³License Holder´³License Holder´ means ameans a

person to whom theperson to whom the

commission issues a license.commission issues a license.




Definition of Registrant;Definition of Registrant;

± ±³³RegistrantRegistrant´ means an individual´ means an individualwho has registered with thewho has registered with the

commission under Sectioncommission under Section

1702.221.1702.221.




Definition of CommissionedDefinition of Commissioned

Security Officer;Security Officer;

± ±³³Commissioned Security Officer´Commissioned Security Officer´

means a security officer to whom ameans a security officer to whom a

security officer commission has beensecurity officer commission has been

issued by the commission.issued by the commission.




Definition of License;Definition of License;

³License´³License´ means a permit issuedmeans a permit issued

by the commission that entitles aby the commission that entitles aperson to operate as a securityperson to operate as a security

services contractor or services contractor or

investigations company.investigations company.




Definition of Registration;Definition of Registration;

± ±³³RegistrationRegistration´ means a permit´ means a permitissued by the commission to anissued by the commission to an

individual described by Sectionindividual described by Section

1702.2211702.221




Definition of Security Officer Definition of Security Officer

Commission;Commission; ± ±³Security Officer Commission´³Security Officer Commission´

means an authorization issued bymeans an authorization issued by

the commission that entitles athe commission that entitles asecurity officer to carry a firearm.security officer to carry a firearm.




Commission has the powers and duty to;Commission has the powers and duty to; ± ± Investigate alleged violations of this chapter andInvestigate alleged violations of this chapter and

of commission rules.of commission rules.




Commission has the powers and duty to;Commission has the powers and duty to;

± ± Adopt rules necessary to implement this Adopt rules necessary to implement this

chapter.chapter.

± ± Establish and enforce standards governingEstablish and enforce standards governing

the safety and conduct of each personthe safety and conduct of each personlicensed, registered or commissioned under licensed, registered or commissioned under

this chapter.this chapter.




Commission shall have aCommission shall have a sealseal inin

the form prescribed by thethe form prescribed by thecommission.commission.

Can we use theCan we use the sealseal of theof the

commission on our business card,commission on our business card,letterhead or contracts?letterhead or contracts?




NO!NO!




The commission may commissionThe commission may commission investigatorsinvestigators

who are employedwho are employed fullfull--timetime by the commissionby the commission

asas peace officerspeace officers for the limited purpose of for the limited purpose of

assisting the commission in investigating allegedassisting the commission in investigating allegedviolations!violations!




Do these officers carry a badge?Do these officers carry a badge?

Do these officers carry a gun?Do these officers carry a gun?

Can these officers be either in a DPSCan these officers be either in a DPSuniform or in plain clothes when they comeuniform or in plain clothes when they comevisit?visit?

Yes!!!!!!!!!!! To all three!Yes!!!!!!!!!!! To all three!




Can these officers write you aCan these officers write you a

subpoenasubpoena on the spot?on the spot?

Can these officers write you aCan these officers write you a citationcitationfor a violation?for a violation?

Can these officersCan these officers arrest youarrest you for afor a

violation?violation?Yes!!!!!!!!! To all three!Yes!!!!!!!!! To all three!



Rulemaking ProceduresRulemaking Procedures

The board may only adopt rulesThe board may only adopt rulesunder this chapter on the approval of under this chapter on the approval of the Public Safety Commission.the Public Safety Commission.

The Public Safety Commission is over The Public Safety Commission is over the Texas Department of Publicthe Texas Department of PublicSafety! The DPS oversees the TexasSafety! The DPS oversees the Texas





Before adopting a rule, the boardBefore adopting a rule, the board

must:must:

± ±Determine the need for theDetermine the need for theproposal;proposal;

± ±Work with persons who will beWork with persons who will be

affected by the rule;affected by the rule;




Before adopting a rule, the board must:Before adopting a rule, the board must:

± ± Consult with an attorney in the department¶sConsult with an attorney in the department¶sregulatory licensing service to draft the ruleregulatory licensing service to draft the rule

and ensure that the proposed rule compliesand ensure that the proposed rule complies

with statutory requirements regardingwith statutory requirements regarding

administrative rules; andadministrative rules; and




Before adopting a rule, the board must:Before adopting a rule, the board must: ± ± Submit the proposed rule to the department¶sSubmit the proposed rule to the department¶s

general counsel, director, and chief accountantgeneral counsel, director, and chief accountantfor consideration of the proposed impact on thefor consideration of the proposed impact on thedepartment and to ensure that the proposeddepartment and to ensure that the proposed

rule is within the board¶s authority.rule is within the board¶s authority.




On the completion of the required publication andOn the completion of the required publication andcomment periods, the Public Safety Commission shall:comment periods, the Public Safety Commission shall:

± ± Return the proposed rule to the board if.Return the proposed rule to the board if.The commission identifies a problem with theThe commission identifies a problem with therule that must be resolved before the rule isrule that must be resolved before the rule isapproved; or approved; or

A comment requiring resolution is received A comment requiring resolution is receivedduring the comment period; or during the comment period; or

Place the rule on the commission¶s agenda for Place the rule on the commission¶s agenda for final approval during the commission¶s nextfinal approval during the commission¶s nextregularly scheduled meeting.regularly scheduled meeting.




On approval of the proposed rule byOn approval of the proposed rule by

the Public Safety Commission, thethe Public Safety Commission, thedepartment shall comply with thedepartment shall comply with therequirements of Chapter 2001,requirements of Chapter 2001,

Government Code, for finalGovernment Code, for finaladoption of the rule.adoption of the rule.



Application of Sunset Law Application of Sunset Law

The Texas Commission on PrivateThe Texas Commission on Private

Security is subject to Chapter 325,Security is subject to Chapter 325,

Government Code (Texas SunsetGovernment Code (Texas Sunset Act). Unless continued in existence Act). Unless continued in existence

by that chapter, the commission isby that chapter, the commission is

abolished and this chapter expiresabolished and this chapter expiresSeptember 1, 2009.September 1, 2009.



General Scope of RegulationsGeneral Scope of Regulations

The commission, in addition to performingThe commission, in addition to performingduties required by other law or exercisingduties required by other law or exercisingpowers granted by other law:powers granted by other law:

(1) licenses investigations companies and(1) licenses investigations companies andsecurity services contractor;security services contractor;

(2) issues commissions to certain security(2) issues commissions to certain securityofficers;officers;

(3) issues authorizations to certain security(3) issues authorizations to certain securityofficers engaged in the personal protection of officers engaged in the personal protection of individuals:individuals:



General Scope of RegulationsGeneral Scope of Regulations

(4) registers:(4) registers:

(A) certain individuals connected with a license holder and(A) certain individuals connected with a license holder and

(B) certain individuals employed in a field connected to(B) certain individuals employed in a field connected to

private investigations or private security; andprivate investigations or private security; and(5) regulates license holders, security officers, and(5) regulates license holders, security officers, and

registrants under this chapter.registrants under this chapter.

mtr 1 the board director personnel

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