Enrolled Bill Summary

House Bill 2833	House Author:  Driver
Effective:  9-1-07	Senate Sponsor:  Seliger

            House Bill 2833 amends the Private Security Act, in the Occupations Code, to modify the eligibility criteria to obtain a license, certificate of registration, or security officer commission.  The bill gives the Texas Private Security Board discretion in the eligibility of applicants with a Class B misdemeanor conviction and provides, among other conditions, that an applicant is ineligible if the applicant has two or more felony convictions that have not been pardoned; has a single felony conviction within the 20 years preceding the application; has a Class A misdemeanor conviction within the 10 years preceding the application; is charged with a Class A misdemeanor or felony offense at the time of the application; has an adjudication of delinquent conduct that constitutes a felony within the 10 years preceding the application; or is required to register as a sex offender, unless the applicant has been approved by the board.  The bill provides that an applicant also is ineligible for a security officer commission if the applicant is disqualified from possessing a firearm or unable to exercise sound judgment in the use of a firearm, is a fugitive or is chemically dependent, is under certain protective orders, or has two or more Class B misdemeanor convictions relating to the use of alcohol or drugs within the 10 years preceding the application. 

            House Bill 2833 increases the maximum civil penalty for certain persons who violate the Private Security Act from $1,000 per violation to $10,000 per violation.  The bill creates a civil penalty capped at $10,000 per violation for a person who knowingly contracts with a person who is in violation of the act.  The bill increases the cap on an administrative penalty from $200 per violation to $500 per violation.  House Bill 2833 shifts a number of the duties of the Texas Commission on Private Security to the board and modifies provisions relating to confidential information and procedures in disciplinary actions.