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 KNOWLEDGE IS THE KEY TO YOUR
COMPANY
By Amy Lister-Neal
SUN CITY SECURITY SERVICE, INC.
Why would you need to register your employee that is providing a regulated security function? The easy answer is because the State of Texas says so, but the underlying reason is for the benefit of your company and client. At this time, new Amendments to the Private Security Board Administrative Rules are under review. It is important to know that upon approval, the Texas Department of Public Safety will be implementing an Amendment to Rule §35.185 Registration Deadline, which states:
The employer of any individual person required to be registered with the board must submit, within five working days following the employment of the individual in a regulated capacity, a registration application for that individual that complies with the requirements of Rule 35.186.
Failure to comply may, at the discretion of the manager, result in denial of the application and/or disciplinary action against the employer. An application for registration of an employee of a licensed company may be signed by the manager or his appointed designee. Appointment of a company manager's designee must be made in writing to the bureau's manager.
It is essential that companies across the state of Texas take heed to this new amendment because they could be fined up to $500 per offense. The rule of thumb in this situation is once an employee has commenced with their employment, a company should register that employee and never exceed five working days of the Texas DPS receiving the packet. At this time the regulation states 14 days, but it is better to be safe than sorry if these regulations do change. Remember things happen, whether an application is set aside and lost in the sea of paperwork, or daily tasks become overwhelming, therefore setting aside other tasks to make it through a busy day. An investigator cannot be expected to weigh the importance of a company billing a client versus a company registering an employee who is partaking in extreme responsibility. Mangers should also remember to make copies of every document submitted to the department, this will make submission verification much easier should the question arise.
Trust is a key element when considering an application for an employee, which means the State does have guidelines in which they will determine what criminal offenses are acceptable for the applicant to obtain a license. Possible new stipulations for felonies, Class A misdemeanors and Class B misdemeanors may be changed. Felonies may be disqualifying if not older than 10 years from the date of completion of sentencing, Class A misdemeanors may be disqualifying if not older than five years from the date of completion of sentencing, and Class B misdemeanors (other than underlying exemptions), will be accepted if they are more than five years old. Do not waste company time and postage by submitting disqualified packets, keep up with this amendment and conduct proper background checks before employing an applicant that might not be eligible for a license. Companies should refer to the guidelines posted for disqualifying convictions, which is located under Rule §35.46 of the PSB Administrative Rules.
At this time the pending rules that have been are being reviewed are listed at:
www.txdps.state.tx.us/psb/docs/PendingBoardRules.pdf, an official update for these Amendments is expected before long.
Other documents to be submitted to ensure a successful registration other than the criminal background check the state of Texas will conduct are as follows:
• Fingerprint cards
• Proper registration forms
• Appropriate certificates
(All forms must be filled out completely with all signatures present)
Last but not least, keeping good records that are within the PSB’s rules are going to save your company from being possibly fined, and most importantly provide you with the tools you need to be a successful company and employer. It is important to develop a relationship with your local investigator and ask questions when needed. Do not get caught up in the repercussions of “I’ll do it tomorrow,” this will definitely get a company into unnecessary hardship.
If at any time there are questions you may call the Private Security Bureau at (512) 424-7710, or refer to the website for the Department of Public Safety at
www.txdps.state.tx.us/psb/, or simply contact your local investigator for the Department of Public Safety.
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