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Texas PI Licensing Managers Exam Prep
Questions & Answers
Define: Client - Answer- (1) Client-Any person, individual, firm, association, company, partnership, corporation nonprofit organization, institution, or similar entity, having a contract which authorizes services to be provided in return for financial or other considerations. (Administrative Rules Chapter 35, Subchapter A Definitions) Define:Conflict of interest - Answer- (2) Conflict of Interest - A conflict or the appearance thereof, between the private interests and public obligations of an individual, organization, or other legal entity authorized to conduct business pursuant to the Act. (Administrative Rules Chapter 35, Subchapter A Definitions) Define Board - Answer- (3) Board- Means the members appointed by the Governor to serve as the governing body of the Texas Private Security Board or the staff serving the administration/enforcement needs of that entity. Define Contract - Answer- (4) Contract--An agreement between a person or company licensed under this Act and a client. Such contracts may be oral or written, or in any combination thereof. Define Conviction - Answer- (5) Conviction--Any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendre, or pronouncement of guilt by judge or jury, and any suspended sentence, judgment, or community supervision, including those judgments of community supervision that have been dismissed or convictions that have been set aside. Define Curriculum - Answer- (6) Curriculum--The collective, written documentation of the material content of a training course, or any particular phase of training prescribed by the Act, minimally consisting of course objectives, student objectives, lesson plans, training aids, and examinations. Define Licensee - Answer- (7) Licensee--Any person defined in the Act that has been granted a license, registration or security officer commission or has filed an application for a license, registration or security officer commissioned by or with the Texas Private Security Board. The Term "The Act" refers to - Answer- (8) Act--Title 10, Chapter 1702, Texas Occupations Code as amended by the Texas Legislature. Define Shareholder - Answer- (9) Shareholder--Means any individual holding stock in a licensee who is actively involved in the normal course of operation and business of the licensee and shall not include those individuals who hold stock in the licensee solely for the purposes of investment.
Define Advertisement - Answer- (10) Advertisement--For purposes of §35.37 of this title (relating to Information Shown in Advertisements), an advertisement is any printed, digital, or electronic media created or used for the purpose of promoting the regulated business of the licensee. Define Undercover Agent - Answer- (11) Undercover Agent--A person as defined under §1702.240 of the Act, requiring protected identity, during the course and scope of a specific, ongoing, investigation. For purposes of the the Act what does the term, "State" mean? - Answer- (12) State-- means the State of Texas or any political subdivision thereof. What is meant by the phrase "Maintenance of the supervisory position on a daily basis" by the Texas Occupational Code (TOC). - Answer- (13) Maintenance of supervisory position on a daily basis--For purposes of §1702.120, Texas Occupations Code, this phrase requires that the manager have continuous oversight of no more than three (3) companies and two (2) schools, the supervised individuals, or their intermediate level supervisors, in a manner sufficient to ensure that all supervised individuals are complying with these rules and with the Act What is meant by the Phrase Employment, Business Activity in the Act or by these rules (TOC)? - Answer- (14) Employment, Business Activity--These terms, or similar terms or phrases used in the Act or in these rules, are not limited in their meaning to "for profit" enterprises or to work performed for remuneration, but include any provision of services regulated by the Bureau, such as services provided on a volunteer or unpaid basis. What is intended by the word "Application" under Chapter 1702 (TOC)? - Answer- (15) Application-- For all purposes under Chapter 1702, "application" includes an application for the renewal of any registration, commission, or license issued under the Act. What does the Term "Due Diligence" mean under Rule 35.204 - Answer- (16) Due Diligence—For purposes of Rule 35.204, the exercise of due diligence may be satisfied through the review of the applicant's non-confidential criminal history on the Department of Public Safety's public website or other commercial website, or by obtaining a criminal history clearance letter from the District Clerk and County Clerk Offices in the applicant's county of residence. This does not prevent an employer from using a more stringent method of determining an applicant's eligibility. The terms Television Camera or Still Camera mean - Answer- (17) Television Camera or Still Camera System--- For purposes of Section 1702.002 (1) (C), a "television camera or still camera system" refers to any device or system of devices that produces a visual image or series of images that are either recoded, transmitted through an Intranet or Internet Protocol based device, or monitored or viewed by security personnel, for the purposes of private security or surveillance.
(a) the offer, bid, or proposal, and any related advertisements, must clearly and conspicuously state that the general contractor or broker is not licensed to perform the service in question, and that the regulated service is to be provided exclusively by a licensed party; (b) The contract and any bid or offer to perform a regulated service must identify the licensee by name and licensee number; (c) The licensed subcontractor must be an expressed party to the contract; and (d) The contract must clearly and conspicuously provide that the licensee is fully responsible for the regulated service and that the unlicensed general contractor will have no involvement in the regulated service. True or False: A complaint against a licensee (or employee) must be filed within 2 years of the alleged violation? - Answer- True RULE §35.31 Complaint Limitation The board shall not accept a complaint against a licensee or an employee if the complaint is filed more than two years after the alleged violation date, except in matters that relate to conviction for a Class B offense or greater or a material misstatement in an application. True or False: The licensing date based on application or written notification will be the date the licensing was approved by the board? - Answer- False RULE §35.32 Date of Licensing, Certification or Acknowledgement If an application or written notification is required, the date of licensing, certification, or acknowledgment by the board will be either the receipt date or the date the complete application or written notification is accepted for processing, whichever is later. Can a licensed Company issue a badge, shield or insignia reflecting the State Seal of Texas? - Answer- No RULE §35.34 Standards of Conduct (a) Licensed companies may use the phrase "Licensed by the Texas Private Security Board" on stationery, business cards, and in advertisements, but no licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the State Seal of Texas except those identification and license items that are prepared or issued by the board. No licensee shall use the State Seal of Texas or the seal of the Department of Public Safety to advertise or publicize a commercial undertaking. As a Licensee can I use the State Flag to advertise or publicize my business? - Answer- No. RULE §35.34 Standards of Conduct
(b) No licensee shall have a badge, shield or insignia as part of any uniform, identification card or markings on a motor vehicle containing the Flag of the State of Texas, except those identification and license items that are prepared or issued by the board. No licensee shall use the Flag of the State of Texas to advertise or publicize a commercial undertaking. Is a licensee required to cooperate with the State in any investigation without first receiving a subpoena? - Answer- Yes (c) Licensees shall cooperate fully with any investigation conducted by the Bureau, including but not limited to, providing employee records upon reasonable request by the Bureau or its investigators, and shall comply with any subpoena issued by the Bureau pursuant to §1702.367. Can a commissioned security officer carry any type of legal firearm? - Answer- No (d) Commissioned security officers or personal protection officers shall carry only a firearm of the category with which they have been formally trained and of which training documentation is on file with the board. Firearm categories will be shown on the individual's registration cardand will be: (1)SA: any handgun, semi-automatic or not, (2)NSA: handguns not semi-automatic, (3) STG: any shotgun. Can a commissioned security officer or personal protection officer shall carry a replica or simulated firearm for work? - Answer- No (e) No commissioned security officer or personal protection officer shall carry an inoperative, unsafe, replica or simulated firearm while in the course and scope of their employment. Can a commissioned security officer or personal protection officer point or display a firearm while peforming their duties. - Answer- (f) No commissioned security officer or personal protection officer shall brandish, point, exhibit, or otherwise display a firearm at anytime, except as authorized by law. True or False: The discharge of a firearm by a person registered or commissioned by a licensee should be reported within 48 hours - Answer- False (g) The discharge of a firearm while in the performance of their duty by any person registered, or commissioned by a licensee shall be reported to the Austin office of the board. Notification of the discharge of a firearm shall be in writing within 24 hours of the incident, and shall be faxed by the licensee, or manager. The fax shall be addressed to the manager of the bureau at (512)424-7728. The fax shall include: (1) name of the person discharging the firearm;
rendered. (c) A written contract for services requiring a license under the Act shall be dated and signed by the owner, manager, or a person authorized by one or either of them to sign written contracts for the licensed company. What three things must a licensee notify a client of within 7 days of entering a contract for service after subcontracting those service to another licensee? - Answer- (d) Each licensee that has a contract to provide services licensed by the board within seven days after entering into a contract for services regulated by the board with another licensee shall: (1) notify the recipient of those services of the name, address, and telephone number, andindividual to contact at the company which purchased the contract; (2) notify the recipient of services at the time the contract is negotiated that another licensed company may provide any, all or part of the services requested by sub- contracting or outsourcing those services; and (3) if any of the services are sub-contracted or outsourced to a licensed third party, therecipient of services must be notified of the name, address, phone number and licensenumber of the company providing those services. What are requirements for notifying clients about how they can file complaints against a licensee? - Answer- RULE §35.36 Consumer Information (a) A licensee shall, either orally or in writing, notify all consumers or recipients of services of the license number and the name, mailing address, and telephone number of the Private Security Bureau for the purpose of directing complaints. (b) If a licensee chooses to provide the notice required by subsection (a) of this section in written form, the notification shall contain their license number, the name, mailing address and telephone number of the Bureau, in a type-face of the same size as that which appears in the document as a whole, but in no case less than 10 point size. (c) A licensed company must display conspicuously in the principal place of business and any branch office, a sign containing the name, mailing address, and telephone number of the bureau, and a statement informing consumers or recipients of services that complaints against licensees can be directed to the bureau. (d) The company license number must be displayed on any vehicle on which the company name is displayed, and must be in letters and numbers at least one inch high and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color. Any company advertisement must include the license number of the licensee? True or false - Answer- True RULE §35.37 Information Shown in Advertisements Any advertisement by a licensee shall include: (1) the company name and address as it appears in the records of the board; and (2) the license number of the licensee as issued by the board.
Is a licensee required to provide a written report to a client? - Answer- If requested Yes. Must notify client of entitlement then issue if requested. RULE §35.38 Standards of Reports (a) At the time a contract for services requiring a license under the Act is negotiated, each client shall be informed that he or she is entitled to receive a written report concerning services rendered for which a fee has been tendered by a licensed company. (b) A written report shall be furnished by the licensed company to the client within seven days after a written request is received from the client. What are the Identification requirements for a uniformed Security Officer? - Answer- RULE §35.39 Uniform Requirements (a) Each commissioned security officer shall, at a minimum, display on the outermost garment the name of the company under whom the commissioned security officer is employed, the word"Security" and identification which contains the last name of the security officer. (b) The name of the company and the word "Security" shall be of a size, style, shape, design, and type which is clearly visible by a reasonable person under normal conditions. (c) Each noncommissioned security officer shall display in the outermost garment in style, shape design and type which is visible by a reasonable person under normal conditions identification which contains: (1) either the name or board-approved logo of the company under whom the security officer is employed, or the name or the board-approved logo of the business entity with whom the employing company had contracted; (2) the last name of the security officer; and (3) the word "Security." (d) No licensee shall display a badge, shoulder patch, logo or any other identification which contains the words "Law Enforcement" and/or similar word(s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the federal government, state government or any political subdivision of a state government. (e) A regular peace officer who maintains full-time employment, and meets the requirements of §1702.322 of the Act, may wear the uniform of the licensed security services contractor (guard company), private business letter of authority, or governmental letter of authority or the official police officer uniform of their appointing law enforcement agency while working privatesecurity in Texas. Rule on Confidential information and disclosure - Answer- RULE §35.40 Confidential Information
in the Texas Penal Code) are disqualifying for five years from the date of conviction, subject to the discretionary authority of the Manager (as delegated by the Board) to consider mitigating circumstances: 21.08 Indecent exposure 22.07 Terroristic Threat 28.03 Criminal Mischief ($50-$500) 30.05 Criminal Trespass (not habitation) 31.12 Theft of or tampering with multichannel video or information services (and conviction) 32.52 Fraudulent, Substandard or Fictitious Degree 33.02 Breach of computer security 33.A.02 Unauthorized use of telecommunications service (less than $500) 33.A.04 Theft of telecommunications service (less than $500) 38.02 Failure to identify (if a fugitive) 38.04 Evading arrest or detention 42.07 Harassment. (c) Class B misdemeanors not listed in subsections (a) or (b) are not disqualifying under Section1702.113, except that: (1) Any unlisted offense that is substantially similar in elements to a listed offense is disqualifying in the same manner as the corresponding listed offense; (2) Any unlisted Class B misdemeanor offense that was an "attempted" Class A offense is disqualifying, subject to the discretionary review by the Bureau Manager (3) Any unlisted offense that is classified as a Class B misdemeanor as a result of a reduction from a Class A misdemeanor is disqualifying, subject to the discretionary review by the Bureau Manager; (4) Subject to review by the Board at the next, regularly scheduled, public meeting, any unlisted offense in which either the elements of the offense or the circumstances surrounding the commission of the offense are such that the Bureau Manager reasonably and in good faith believes that the Board would conclude that the offense should be disqualifying. Dishonorable discharge from the armed services is disqualifying for 5 year? - Answer- RULE §35.43 Military Discharges Pursuant to the requirement of Section 1702.113(a), individuals who are discharged from the United States Armed Services under other than honorable conditions or who receive "bad conduct discharges" are disqualified from receiving a license, commission, or registration for the following time periods: (a) for five years after the date of discharge if the discharge was based on a criminal offense equivalent to a Class B misdemeanor that would have been disqualifying under Rule 35.42; (b) for five years after the date of discharge if the discharge was based on a criminal offense equivalent to a Class A misdemeanor that would have been disqualifying under Rule 35.46; (c) for ten years after the date of discharge if the discharge was based on a criminal offense equivalent to a felony that would have been disqualifying under Rule 35. (unless subject to subsection (d), below); (d) permanently, if the discharge was based on a criminal offense equivalent to an offense that would be permanently disqualifying under Rule 35.46; and
(e) for five years after the date of discharge if the discharge was for any other reason relating to the occupation for which a license is sought, subject to thediscretion of the department How about sex offenders? Can they be disqualified? - Answer- RULE §35.45 Sex Offender Registrants Pursuant to the requirement of Section 1702.3615(c) of the Occupations Code, the following factors will be employed in the Board's determinations under that provision: (1) The age of the applicant at the time of the offense giving rise to the registration requirement; (2) The classification of the offense; (3) Evidence of rehabilitation or recidivism; (4) The amount of time that has passed since the commission of the offense; (5) The relationship between the offense and the occupation for which the individual seeks a license, including whether licensure will facilitate the commission of a similar offense. ... - Answer- A felony conviction for one of the following described offenses not also listed in Section 3g, Article 42.12, Code of Criminal Procedure and not a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure, is disqualifying for ten years from the date of the completion of the sentence. A Class A misdemeanor offense for one of the above listed offenses is disqualifying for five years from the date of completion of the sentence.
- Arson
- Assault of any type if classified as a Class A misdemeanor or greater under the Texas Penal Code, or similar law of another state
- Blackmail
- Bribery
- Burglary
- Counterfeiting
- Damage to Property
- Embezzlement
- Extortion
- False pretenses
- Forgery
- Fraud- any offense under Penal Code Chap. 32
- Harboring a fugitive from justice
- Kidnapping
- Larceny
- Mail fraud
- Manslaughter - Voluntary
- Murder
- Obstructing Governmental Operation- any offense under Penal Code Chap. 38
- Perjury
Additional considerations for summary suspension - Answer- (c) Upon receiving a written request for a stay of summary suspension, the manager may, at his discretion, consider the request under the following conditions: (1) the Class B misdemeanor offense does not involve violence, theft or fraud, as outlined in Board Policy 2001-01; (2) circumstances of the individual's arrest; and (3) any other information as may be required by the manager. (d) If, in the discretion of the director, a stay of the summary suspension is granted, the requesting individual will be notified in writing by the manager within two working days after the request is received by the manager. (e) No stay of summary suspension shall be effective until and unless the requesting party has received written confirmation of the stay from the manager. (f) No stay of summary suspension shall remain in effect beyond the date of the next called meeting of the board following the request for a stay at which time the board members will consider the disposition of the matter. No continuance shall be granted.
