Federal State and Local Laws Security Services Copyright

Federal, State, and Local Laws Security Services

Copyright © Texas Education Agency, 2017. These Materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties, Texas Education Agency, 1701 N. Congress Ave. , Austin, TX 78701 -1494; phone 512 -463 -7004; email: copyrights@tea. state. tx. us. Copyright © Texas Education Agency, 2017. All rights reserved. 2

Sources of Law > Federal – come from the U. S. Constitution, U. S. Criminal Codes, judicial decisions and executive orders from the President > State –come from state constitutions, state criminal codes, and common law > Local –come from city and county charters, city and county ordinances, common law, and judicial decisions interpreting codes Copyright © Texas Education Agency, 2017. All rights reserved. 3

History of Training and Regulations The National Task Force on Private Security > The Law Enforcement Assistance Administration (LEAA) funded a study to examine the private security industry from all perspectives > It published its findings in 1976 > The study indicated that the private security industry • Needed training and academic professional preparation programs • Was a very open and unregulated Copyright © Texas Education Agency, 2017. All rights reserved. 4

History of Training and Regulations The Hallcrest Report > The National Institute of Justice (NIJ) funded this study of the private security industry > It published its findings in 1985 > It found that progress had been made in training and educational programs for security professionals Copyright © Texas Education Agency, 2017. All rights reserved. 5

History of Training and Regulations The Hallcrest II > Published findings on the private security industry in 1990 > The study indicated a continued and steady improvement in security services education and training Copyright © Texas Education Agency, 2017. All rights reserved. 6

History of Training and Regulations Historical Legislation - 1991 > Tennessee Senator Al Gore introduces the first pieces of legislation > The legislation was aimed at setting minimum standards for the security profession, including • First aid • Fire prevention • Safety • Investigation and detention procedures • Crowd control and crisis methodologies • Technical report writing Copyright © Texas Education Agency, 2017. All rights reserved. 7

History of Training and Regulations Historical Legislation - 1992 > Representative Matthew Martinez directs a second initiative > His proposal provided for • A minimum of eight hours of basic classroom instruction • Successful completion of a written examination • A minimum of four hours on-the-job training Copyright © Texas Education Agency, 2017. All rights reserved. 8

History of Training and Regulations Historical Legislation -1993 > Representative Don Sundquist proposed a bill similar to Al Gore’s added that security employees would need to pass • A drug screening • A physical and psychological test • A background criminal check > Increased training hours Copyright © Texas Education Agency, 2017. All rights reserved. 9

History of Training and Regulations Historical Legislation > Proposed bills show a movement in the security industry but the United States continues to suggest that individual states are free to enhance regulations and standards Copyright © Texas Education Agency, 2017. All rights reserved. 10

Education, Training, and Licensing > The interest of the academic world in security education has increased > More private security managers are receiving college degrees > Most programs are small and staffed by faculty who have more experience in public law enforcement than in security services > Development and training of security personnel must be a continuing concern of management > Research has found that most security personnel received on-the-job training Copyright © Texas Education Agency, 2017. All rights reserved. 11

Education, Training, and Licensing > Security services personnel see the need for more training to reduce possible legal liability > The merits of training will be reflected in the security officer’s • Attitude and performance • Improved morale • Increased incentive > Training also provides • Greater opportunities for promotion • Better understanding of the officers’ relationships to management and objectives of the job Copyright © Texas Education Agency, 2017. All rights reserved. 12

Education, Training, and Licensing > Other major recommendations in the field of security involve certification programs for operations personnel along with mandatory minimum levels of training > Legislation does not mandate (only recommends) training for security personnel; the decision is left primarily with the individual state > There is no consensus on the degree to which the state should regulate training, licensing, education, and experience Copyright © Texas Education Agency, 2017. All rights reserved. 13

Federal Regulations Each state will > Determine whether it will opt out of participation by statutory enactment or gubernatorial order > Communicate such determination to the Attorney General > Failure to inform the Attorney General of the determination will result in a state being considered a participating state > Title 28: Judicial Administration (Refer to the Electronic Code of Federal Regulations) > Part 105 (Guidelines) Copyright © Texas Education Agency, 2017. All rights reserved. 14

Federal Regulations > Criminal History Background Checks > Subpart C—Private Security Officer Employment > Authority: 18 U. S. C. 534; sec. 6402, Pub. L. 108– 458 > Source: Order No. 2796– 2006, 71 FR 1693 > To regulate the exchange of criminal history record information, a state retains the right to impose its own licensing requirements upon this industry > An authorized employer must obtain a set of fingerprints and the written consent of its employee to submit those prints for a state and national criminal history record check Copyright © Texas Education Agency, 2017. All rights reserved. 15

Federal Regulations > Fingerprints are submitted to the Federal Bureau of Investigation (FBI) for a national search > The state will make reasonable efforts to obtain information to promote the accuracy of the record search Copyright © Texas Education Agency, 2017. All rights reserved. 16

Texas Commission on Private Security The Texas Department of Public Safety, Private Security Bureau > Regulates the private security industry in the state of Texas > State regulations for this industry include • Licensing private security companies • Registering individuals employed by those licensed companies > The Private Security Bureau was created in 1969 as the Texas Board of Private Investigators and Private Security Agencies Copyright © Texas Education Agency, 2017. All rights reserved. 17

Texas Commission on Private Security The Texas Department of Public Safety, Private Security Bureau > In 1998, the Agency was renamed the Texas Commission on Private Security > The commission became associated with the Texas Department of Public Safety in September 2003 > The commission was abolished and reestablished as the Department's Private Security Bureau in February 2004 Copyright © Texas Education Agency, 2017. All rights reserved. 18

Texas Commission on Private Security Bureau Staff > The Private Security Bureau employs licensing and investigations staff internally at the TXDPS headquarters in Austin, TX, as well as field investigators located throughout the state > The bureau's investigators, who are commissioned peace officers, investigate both criminal and administrative violations of the Texas Occupations Code, Chapter 1702 and related administrative rules Copyright © Texas Education Agency, 2017. All rights reserved. 19

Texas Commission on Private Security Board > A seven-member board appointed by the governor > Established to hear appeals by applicants under the Private Security Act > Devises rules for the administration of the Act Copyright © Texas Education Agency, 2017. All rights reserved. 20

Private Security Bureau Licensing Section > Handles original and renewal applications for Private Security companies and their employees > Private Security companies may apply for a license and private security employees may apply for a registration > Individuals cannot independently apply for a private security registration without being employed by a licensed private security company Copyright © Texas Education Agency, 2017. All rights reserved. 21

Private Security Bureau Licensing Section The licensing section staff is responsible for > Receipt of applications > Review of the application > Fees and supplemental documentation > Determination of eligibility based on Texas Occupations Code, Chapter 1702 > Issuance or denial of private security company licenses or individual registrations Copyright © Texas Education Agency, 2017. All rights reserved. 22

Private Security Bureau Licensing Section > The investigation section handles • Consumer complaints • Alleged criminal activity • Administrative violations > The investigation staff consists of civilian employees and commissioned peace officers > The civilian investigations section staff is responsible for • • Processing consumer complaints Reviewing all applicant criminal history background checks Acceptance, denial, revocation, or suspension of licenses and registrations Setting hearings Copyright © Texas Education Agency, 2017. All rights reserved. 23

Private Security Licenses > Class A – Private Investigation Company > Class B – Security Contractor License > Class C – Combination of Private Investigation and Security Contractor > Class D – Electronic Access Control Device Company License > Class T – Telematic Company Copyright © Texas Education Agency, 2017. All rights reserved. 24

License Requirements > Individual license • Expires every two years > Company license • Expires every year on the last date of the expiration month > A Personal Protection Officer license • Expires on the same date as a Commissioned Security Officer license Copyright © Texas Education Agency, 2017. All rights reserved. 25

Education and Experience Requirements Private Investigators > The most common way to get experience is by working for a licensed private investigations company > They will register you with the Private Security Bureau as their employee > After you have worked for a licensed company as its registered employee, you can meet the experience requirement > Legally obtained experience could also include full-time, paid employment as a peace officer or, in the case of a private investigator, insurance adjuster Copyright © Texas Education Agency, 2017. All rights reserved. 26

Education and Experience Requirements Private Investigators > The only education that is acceptable instead of the experience requirement is a four-year degree in Criminal Justice from an accredited college or university Private Security > Need to be employed by a licensed security company in order to apply for an original application or renew a current license registration Copyright © Texas Education Agency, 2017. All rights reserved. 27

Criminal History Requirements > Section 1702. 113 of the Private Security Act, and Board administrative rules 35. 42 through 35. 46 (and all other provisions applicable to the specific license being sought) > Felony and Class A convictions will be governed by the new Board Rule 35. 46 > All other felonies and Class A’s will be disqualifying for five years from the date of commission Copyright © Texas Education Agency, 2017. All rights reserved. 28

Criminal History Requirements > Class B’s will continue to be governed by Rule 35. 42 > Pending charges for any Class A’s or felonies are disqualifying > Juvenile adjudications are no longer disqualifying > Incompetence, military discharges, and sex offender registration remain the same (though the rule on military discharges is being changed to reflect the time periods provided in new rule 35. 46, and to clarify that bad conduct discharges are is also disqualifying Copyright © Texas Education Agency, 2017. All rights reserved. 29

Training/Testing Requirements > The Level I and Level II Training Course and Online Test which are required only for commissioned (armed) and non-commissioned (unarmed) officer applicants are no longer administered online > The Level II Training Course (updated) and Test is still required for commissioned and non-commissioned security officer applicants only > The Level III Training Course is required for all commissioned security officers and personal protection officers > The Level IV Training Course is required for all personal protection officers Copyright © Texas Education Agency, 2017. All rights reserved. 30

Training/Testing Requirements Manager Testing/Training > The Manager's Exam focuses on issues of general concern to managers of licensed companies, such as • The eligibility criteria for registrations, pre-employment obligations, and procedures and application requirements • Recordkeeping • Procedures relating to disciplinary actions and administrative fines • Many questions are also intended to test the manager applicant’s knowledge of the 2007 amendments to the Texas Occupations Code, Chapter 1702 and recent changes to the Board's administrative rules, as they relate to the management of licensed companies Copyright © Texas Education Agency, 2017. All rights reserved. 31

Resources > National Association of Security Companies http: //www. nasco. org > Texas Commission on Private Security http: //www. txdps. state. tx. us/psb > Introduction to Private Security: Theory Meets Practice, Cliff Roberson & Michael L. Birzer > Introduction to Security (6 th Edition), Robert J. Fischer & Gion Green > Investigator/Officer’s Personal Experience Copyright © Texas Education Agency, 2017. All rights reserved. 32