Private Security Bureau

BOARD MEMBERSHIP

(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) Four 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; and

(4) One member who is licensed under this chapter as the owner or operator of a guard company.

(b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Subpoena and In junctive Powers

The Department retains the power to issue subpoenas and injunctions, as outlined in the OC below.

Subpoena Types:

a. Subpoena duces tecumi s a summons ordering the parties named to appear in court and produce tangible evidence for use at a hearing or trial.

b. Instanter Subpoena is issued when a person fails to comply with a subpoena and is brought to court by the officer.

Civil injunction:is an order requiring a person to do or cease to do a specific action.

COMPLAINT INVESTIGATION; SUBPOENA; WITNESS.

a) For an investigation conducted under this chapter, the Department may issue a subpoena to compel the attendance of a witness or the production of a pertinent record or document. The hearings office may administer oaths and require testimony or evidence to be given under oath.

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.

c) A person required to testify or to produce a record or document on any matter properly under inquiry by the Department 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.

d) If a witness refuses to obey a subpoena or to give evidence relevant to proper inquiry by the Department, the Department may petition a district court of the county in which the hearing is held to compel the witness to obey the subpoena and 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.

e) An investigator employed by the department may take statements under oath in an investigation of a matter covered by this chapter.

Actions Against Violators

The Department may take actions against persons including administrative, civil and criminal actions. The following escalates with the severity of the violations (OCP 1702. 061).

  • Reprimand: A reprimand results in an official record being made of s violation with admonishment to cease any further violation. The violator may be allowed to continue work if his company so desires.
  • Probation: Probation involved a finding of wrongful doing and a period of time during wh i ch the violator must not commit any violation. The violator may be allowed to continue work if his company so desires. 
  • Suspension and/or a Fine: Suspension means that a person who was found to have committed a violation must cease employment in a position requiring registration, commissioning, or licensing until the period of time for the suspension has passed and application for reinstatement has been made. A person may be fined as well. Sometimes, the opportunity to pay a fine i nstead of being suspended is offered. The fine must be paid before the suspension goes into effect or the person must cease work until the suspension is over. 
  • Revocation: Revocation means the loss of all privileges associated with a commission, registration, or license and that any further work requiring them is a criminal violation. 
  • Summery Suspension/ Summary Denial: The Department may summarily (immediately) suspend or deny a person’s license as a result of certain violations. Refer to OC 1 702.364, 1 702.371, 1 702.113, and 1702.3615. 
  • Criminal Charges: The Department has the authority to license its investigative employees as a peace officer and does so. The Department can and will file criminal against individuals and companies committing criminal offenses. It is a crime for a security company to operate without a license, i f they are found to be guilty; they have committed a Class A Misdemeanor.

Definitions

The word “department”, means the Department of Public Safety of the State of Texas.

Person: includes an individual, firm, association, company, partnership, Corporation, nonprofit, organization, institution, or similar entity.

Guard Company: A person acts as a guard company for the purposes of this chapter if the person employs an individual described by section 1702.323(d), applies to an i ndividual described by subsection (a) who in the course of employment comes into contact with the public who wears a uniform , any type of badge, a patch or apparel containing the word security or a substantially simil ar word that would intended to or is likely to create the impression that the individualism performing security services, or performs a duty described by section 1702 . 222 or 1702.1 08. ;or engages in the business of or undertakes to provide a private watchman, guard, or street patrol service on a contractual basis for another person to:

(1) Prevent entry, larceny, vandalism, abuse, fire, or trespass on private property;

(2) Prevent, observe, or detect, unauthorized activity on private property;

(3) Control regulate, or direct the movement of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to ensure the protection of property;

(4) Protect an individual from bodily harm including through the use of a personal protection officer; or

(5) Perform a function similar to a function listed in this section.

Security Services Contractor: means a person who performs the activities described by Section 1702.1 02;

Scope of License

(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;

Firearm: means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertib l e to that use.

Peace Officer: refer to police officers, sheriffs, marshals, constables, rangers etc. as described in Art. 2.12. Texas Codeof Criminal Procedures.