Federal, State, and Local Laws
Security Services
Copyright and Terms of Service
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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
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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
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History of Training and Regulations
(continued)
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
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History of Training and Regulations
(continued)
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
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History of Training and Regulations
(continued)
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
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First aid
Fire prevention
Safety
Investigation and detention procedures
Crowd control and crisis methodologies
Technical report writing
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History of Training and Regulations
(continued)
Historical Legislation (continued)
– 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
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History of Training and Regulations
(continued)
Historical Legislation (continued)
– 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
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History of Training and Regulations
(continued)
Historical Legislation (continued)
– 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
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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
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Education, Training, and Licensing
(continued)
• 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
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Education, Training, and Licensing
(continued)
• 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
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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)
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Federal Regulations (continued)
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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
• 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
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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
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Texas Commission on Private Security
(continued)
The Texas Department of Public Safety,
Private Security Bureau (continued)
– 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
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Texas Commission on Private Security
(continued)
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
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Texas Commission on Private Security
(continued)
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
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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
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Private Security Bureau
Licensing Section (continued)
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
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Private Security Bureau
Investigation 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
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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
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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
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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
– 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
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Education and Experience
Requirements (continued)
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
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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
• 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
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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
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Training/Testing Requirements
(continued)
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
– 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
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Resources
• Electronic Code of Federal Regulations,
http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&rgn=div6&view=text&node=28:2.0.1.1.46.3
&idno=28
• 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 (6th Edition), Robert J. Fischer
& Gion Green
• Investigator/Officer’s Personal Experience
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