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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 3433

House Author:  Fletcher

Effective:  6-14-13

Senate Sponsor:  Estes


            The Private Security Act in the Occupations Code contains provisions relating to the licensing and regulation of certain private security companies and occupations. House Bill 3433 amends the act to expand the authorized activities of an alarm systems company and an alarm systems installer, exempt such a company from certain client notification requirements, and require an applicant for a license under the act to submit only one set of fingerprints for each applicable person. The bill expands the offenses with which an applicant for certain endorsements under the act, or the applicant's manager, must not be charged at the time of application and updates provisions regarding the termination of a license holder's manager and the temporary operation of the license holder's business on a summary action taken against the manager. The bill requires an applicant for a license or license holder under the act to provide as part of the application and to maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the applicant's or license holder's business activities related to private security and makes it a Class A misdemeanor to knowingly fail to do so. The bill requires an employee or agent of the Department of Public Safety (DPS) or the Texas Private Security Board who enters the place of business of a person regulated under the act for purposes of conducting an inspection or audit to notify the business manager or owner of the presence of the person conducting the inspection or audit and present the manager or owner with the person's DPS or board credentials. The bill expands the list of persons and entities that are exempt from the act and updates provisions regarding grounds for DPS in denying an application or taking certain other disciplinary actions, including a person's submission of payment for a fee or penalty that is returned for insufficient funds.

House Bill 3433 amends the Health and Safety Code to require the medical advisory board to assist DPS in determining whether an applicant for or holder of a commission as a security officer is capable of exercising sound judgment with respect to the proper use and storage of a handgun.