Texas: Unarmed Security Officers

Legislation and Details for Texas

Legislation/Source:

Texas Administrative Rules
Title 37 – Public Safety and Corrections
Part 1 – Texas Department of Public Safety
Chapter 35 – Private Security
and
Texas Occupations Code
Title 10 – Occupations Related to Law Enforcement and Security
Chapter 1702 – Private Security

Authorizing Department

Texas Private Security Board
Texas Department of Public Safety

5805 North Lamar Blvd
Austin, TX 78752-4431
Mailing Address:
PO Box 4087
Austin, TX 78773-0001

Official Website

Licensure and License Fees

Effective February 2017, the TOPS system was implemented- Texas Online Private Security Services.
See: A full tutorial on the program.

Texas, like a variety of states calls for employment first and then application by either paper or online form.
Please note that individuals must be registered by a company or entity licensed by this agency.
The only exceptions to this rule are instructors.
See: More information.

In order to work as a “noncommissioned security officer” individuals are required to:
a.     register with the Board
b.     obtain proper endorsement, which means a permit entitling an individual holding a registration to perform a service, and
c.     be employed by a company licensed under TX OCC §1702.
See: TX OOC §1702.221(a)

Unarmed proprietary security officers are not required to register with the Board.
See: Texas OOC §1702.323(a)

Individuals must be registered by a company or entity licensed by the Texas Department of Public Safety.

Texas Administrative Code (TAC) Rule §35.131
$30 Registration fee for non-commissioned security officer(original and renewal)
$5 Pocket Card Fee
In addition:
$2 Subscription fee
And:
$28.25 FBI Fingerprint Check
$31.50 Criminal History Check Fee

Registration is valid for two years.

As per TX OOC §1702.229(a), an applicant for registration must meet the qualifications required under Section 1702.113 for a license applicant.

Texas, like a variety of states calls for employment first and then application by either paper or online form.
Please note that individuals must be registered by a company or entity licensed by this agency. The only exceptions to this rule are Instructors.

See: Types of Individual Registrations

Foreign Jurisdiction Licensure

 

Age Requirements

Texas Occupations Code (OCC) § 1702.113(a)
The applicant must be at least 18 years of age

Citizenship

The legislation does not mention this requirement for unarmed security officers.

Experience

Not Required

Exemptions

Texas OCC § 1702.321. GOVERNMENT EMPLOYEES.
(a)   Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties.

Texas OCC § 1702.322. LAW ENFORCEMENT PERSONNEL.
This chapter does not apply to:
(1)   a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman.
(2)   a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county
(3)   a peace officer acting in an official capacity in responding to a burglar alarm or detection device, or
(4)   a person engaged in the business of electronic monitoring of an individual as a condition of that individual’s community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

Texas OCC § 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS.
(a)   Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.

Texas OCC § 1702.321. GOVERNMENT EMPLOYEES.
(a)   Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties.

Texas OCC § 1702.322. LAW ENFORCEMENT PERSONNEL.
This chapter does not apply to:
(1)   a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman.
(2)   a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county
(3)   a peace officer acting in an official capacity in responding to a burglar alarm or detection device, or
(4)   a person engaged in the business of electronic monitoring of an individual as a condition of that individual’s community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

Texas OCC § 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS.

(a)   Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.

Permit Required

Not Required

Requirement to carry an ID card

The board shall issue a pocket card for each registrant under this chapter.
See: Texas OOC §1702.232(a)

TAC Rule §35.5 (d)
Any registrant who has been issued a pocket card shall carry the pocket card on or about his person while on duty and shall present same upon request from a peace officer or to a representative of the department.

Moral Character

The legislation does not mention this requirement for unarmed security officers.

Fingerprint

Fingerprints are also part of the TOPS program.

Pursuant to Texas Occupations Code Chapter 1702, DPS must conduct a fingerprint based FBI Criminal History background check for
new and renewal Private Security Registration applications.

Private Security applicants are required to submit fingerprints to DPS as part of a substantially
complete application per administrative rule §35.21. Fingerprints must be submitted electronically with IdentoGo,
unless the applicant qualifies for the Alternative Fingerprint Process.

•   Submit application and payment via TOPS Login to IdentoGo (ensure service code 11G65Y – Texas Board of Private Investigators is used.)
•   Select Schedule or Manage Appointment
•   Enter personal information as prompted
•   Enter company license number (if applicable)
•   Enter your online receipt number
•   Enter the remaining information as prompted

Note: If there are no electronic fingerprinting appointments available within three business days,
you may submit a complaint to DPS at Fingerprint Applicant Services of Texas (FAST).

Substance Abuse

The legislation does not mention this requirement.

Mental Health

Texas OCC § 1702.113(a)(2)  
An applicant for a license, certificate of registration, endorsement, or security officer commission or the applicant’s manager must not  have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency.

Criminal History Background Check

The board shall conduct a criminal history check, including check of any criminal history record information maintained by the Federal Bureau of Investigation in the manner provided by Subchapter F. Chapter 411, Government Code, on each applicant for registration or endorsement.
See: Texas OOC § 1702.282(a)

Texas OCC § 1702.113(a)
An applicant for a license, certificate of registration, endorsement, or security officer commission or the applicant’s manager must not at the time of application
(1)   be charged under an information or indictment with the commission of a Class A or Class B misdemeanor or felony offense determined to be disqualifying by board rule, and
(3)   must not be required to register in this or any state as a sex offender, unless the applicant is approved by the board under Section 1702.3615.

Disqualifying criminal offenses include, but are not limited to:
1.     Arson, damage to property
2.     Assault
3.     Bribery
4.     Burglary
5.     Criminal homicide
6.     Disorderly conduct
7.     Fraud
8.     Kidnapping
9.     Obstructing governmental operation
10.     Perjury
11.     Robbery
12.     Sexual offenses
13.     Theft
14.     In addition:
    (A)     An attempt to commit a crime listed in this subsection
    (B)     Aiding and abetting in the commission of a crime listed in this subsection; and
    (C)     Being an accessory (before or after the fact) to a crime listed in this subsection.
See: TAC Rule §35.4

Personal References

Not Required

Training Requirements

Part of the application process includes completion of required training.
Since Texas has various levels of certification for commissioned security officers the training will vary.
For unarmed, there are two levels.

Level II

The Level II Training Course and Test is required of all commissioned,
non-commissioned security officer and Personal
Protection Officer applicants. The course material shall be prepared or approved by the department. A certificate indicating completion of Level II training shall be submitted to the department with the required application. Level II training may be taught by the licensee’s manager, the manager’s designee, or a board approved school and board approved instructor using the most current version of the respective Board Level II training course materials.Topical coverage includes:

•   Basic Security
•   Legal aspects of security work
•   Security communications
•   Response to emergencies and safety hazards

See: TAC §35.141

See: More information.

See: A list of approved schools in Texas for training purposes.

See: Level II Certificate of Completion

Non commissioned security officers are not required to receive continuing education.
See: Texas OOC § 1702.308

Exam Requirement

Not Required

Child Support

Texas OCC § 232.0135
(a)   A child support agency, as defined by Section 101.004, may provide notice to a licensing authority concerning an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor.

More Information

Rules and Laws:
  •   Texas Administrative Code (PDF)

  •   Texas Statutes

  •   Frequently Asked Questions

  •   Fees

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