SECURITY PERSONNEL: SECURITY OFFICERS

Commissioned

Security Officers

Notice to DPS

The security department of a political subdivision, including a college district, may not employ a commissioned security officer unless the security department provides notice to the Department of Public Safety (DPS) in the prescribed form of:

1. The security department's intent to employ a commissioned security officer and register with DPS under this section;

2. The name, title, and contact information of the person serving in the security department as the contact for the department; and

3. Any change in the information provided in item 1 or 2.

DPS shall maintain a registry of security departments that provide

notice above and the name, title, and contact information of the

person serving as contact for each security department.

Occupations Code 1702.181; 37 TAC 35.102

Application of Occupations Code Chapter 1702

Except as provided by Occupations Code 1702.321, Occupations Code Chapter 1702 does not apply to an officer or employee of a political subdivision of this state while the employee or officer is performing official duties. Occupations Code 1702.321(a)

Exception

The provisions of Chapter 1702 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 DPS for DPS to issue a commission to the political subdivision's employees with those duties.

DPS may not charge a fee for issuing a commission to an officer. DPS shall issue to the officer a pocket card designating the political subdivision that employs the officer.

The commission expires at the time the officer's employment as a security officer by the political subdivision is terminated.

Occupations Code 1702.321(b)-(d)

Training

If registered as provided in Occupations Code 1702.181, a security department of a political subdivision may seek approval as a training school by meeting requirements of this 37 Administrative Code Chapter 35 where applicable. A training school approved under this section may only train employees of the entity. Occupations

Code 1702.321(e); 37 TAC 35.142(d)

Records

Employee Records

Licensees and security departments of political subdivisions registered with DPS shall keep records of all employees licensed or commissioned under Occupations Code Chapter 1702. Any record required to be maintained under 37 Administrative Code Chapter 35 may be maintained in electronic form, so long as it is readily retrievable and presented to department personnel upon request.

The employee records detailed below shall be maintained for a period of two years from the last date of employment:

1. Full name, date of employment, position, and most recent residential address of the employee;

2. Social security number;

3. Last date of employment;

4. Date and place of birth;

5. One photograph;

6. The results of any drug tests;

7. Documentation of a pre-employment check if required under 37 Administrative Code 35.3;

8. All continuing education certificates or other proof of continuing education credits earned by the employee while employed by the political subdivision, excluding commissioned security officer or personal protection officer training or proficiency certificates; and

9. The current duty assignments and duty stations of any security officers.

37 TAC 35.111

Business Records

Licensees and security departments of political subdivisions registered with DPS shall maintain copies of the applicable records detailed in this section, or otherwise required under Chapter 35, for two 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 licensed or commissioned employees.

37 TAC 35.112