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Texas Department of Public Safety Private Security Bureau - Qualified Manager Exam
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Texas Department of Public Safety Private Security Bureau - Qualified Manager Exam
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Texas Department of Public SafetyPrivate Security Bureau - Qualified
Manager Exam
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.
(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. 35.10 - 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. 35.101(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
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. 35.11 - 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.
(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
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
(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. 35.12 - 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. 35.121(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;
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