By:  Hochberg                                          H.B. No. 161
       73R1486 CAG-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exception for certain nonprofit organizations from
    1-3  the requirements of the Private Investigators and Private Security
    1-4  Agencies Act.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 3(a), Private Investigators and Private
    1-7  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    1-8  Statutes), is amended to read as follows:
    1-9        (a)  This Act does not apply to:
   1-10              (1)  a person employed exclusively and regularly by one
   1-11  employer in connection with the affairs of an employer only and
   1-12  where there exists an employer-employee relationship; provided,
   1-13  however, any person who shall carry a firearm in the course of his
   1-14  employment shall be required to obtain a private security officer
   1-15  commission under the provisions of this Act;
   1-16              (2)  except as provided by Subsection (d) of this
   1-17  Section, an officer or employee of the United States of America, or
   1-18  of this State or political subdivision of either, while the
   1-19  employee or officer is engaged in the performance of official
   1-20  duties;
   1-21              (3)  a person who has full-time employment as a peace
   1-22  officer as defined by Article 2.12, Code of Criminal Procedure, who
   1-23  receives compensation for private employment on an individual or an
   1-24  independent contractor basis as a patrolman, guard, or watchman if
    2-1  such person is:
    2-2                    (A)  employed in an employee-employer
    2-3  relationship; or
    2-4                    (B)  employed on an individual contractual basis;
    2-5                    (C)  not in the employ of another peace officer;
    2-6  and
    2-7                    (D)  not a reserve peace officer;
    2-8              (4)  a person engaged exclusively in the business of
    2-9  obtaining and furnishing information for purposes of credit
   2-10  worthiness or collecting debts or ascertaining the financial
   2-11  responsibility of applicants for property insurance and for
   2-12  indemnity or surety bonds, with respect to persons, firms, and
   2-13  corporations;
   2-14              (5)  an attorney-at-law in performing his duties;
   2-15              (6)  admitted insurers, insurance adjusters, agents,
   2-16  and insurance brokers licensed by the State, performing duties in
   2-17  connection with insurance transacted by them;
   2-18              (7)  a person who engages exclusively in the business
   2-19  of repossessing property that is secured by a mortgage or other
   2-20  security interest;
   2-21              (8)  a locksmith who does not install or service
   2-22  detection devices, does not conduct investigations, and is not a
   2-23  security service contractor;
   2-24              (9)  a person who owns and installs burglar detection
   2-25  or alarm devices on his own property or, if he does not charge for
   2-26  the device or its installation, installs it for the protection of
   2-27  his personal property located on another's property, and does not
    3-1  install the devices as a normal business practice on the property
    3-2  of another;
    3-3              (10)  an employee of a cattle association who is
    3-4  engaged in inspection of brands of livestock under the authority
    3-5  granted to that cattle association by the Packers and Stockyards
    3-6  Division of the United States Department of Agriculture;
    3-7              (11)  the provisions of this Act shall not apply to
    3-8  common carriers by rail engaged in interstate commerce and
    3-9  regulated by state and federal authorities and transporting
   3-10  commodities essential to the national defense and to the general
   3-11  welfare and safety of the community;
   3-12              (12)  registered professional engineers practicing in
   3-13  accordance with the provisions of the Texas Engineering Practice
   3-14  Act;
   3-15              (13)  a person whose sale of burglar alarm signal
   3-16  devices, burglary alarms, television cameras, still cameras, or
   3-17  other electrical, mechanical, or electronic devices used for
   3-18  preventing or detecting burglary, theft, shoplifting, pilferage, or
   3-19  other losses is exclusively over-the-counter or by mail order;
   3-20              (14)  a person who holds a license or other form of
   3-21  permission issued by an incorporated city or town to practice as an
   3-22  electrician and who installs fire or smoke detectors in no building
   3-23  other than a single family or multifamily residence;
   3-24              (15)  a person or organization in the business of
   3-25  building construction that installs electrical wiring and devices
   3-26  that may include in part the installation of a burglar alarm or
   3-27  detection device if:
    4-1                    (A)  the person or organization is a party to a
    4-2  contract that provides that the installation will be performed
    4-3  under the direct supervision of and inspected and certified by a
    4-4  person or organization licensed to install and certify such an
    4-5  alarm or detection device and that the licensee assumes full
    4-6  responsibility for the installation of the alarm or detection
    4-7  device; and
    4-8                    (B)  the person or organization does not service
    4-9  or maintain burglar alarms or detection devices;
   4-10              (16)  a reserve peace officer while the reserve officer
   4-11  is performing guard, patrolman, or watchman duties for a county and
   4-12  is being compensated solely by that county;
   4-13              (17)  response to a burglar alarm or detection device
   4-14  by a law enforcement agency or by a law enforcement officer acting
   4-15  in an official capacity;
   4-16              (18)  a person who, by education, experience, or
   4-17  background has specialized expertise or knowledge such as that
   4-18  which would qualify or tend to qualify such person as an expert
   4-19  witness, authorized to render opinions in proceedings conducted in
   4-20  a court, administrative agency, or governing body of this state or
   4-21  of the United States, in accordance with applicable rules and
   4-22  regulations and who does not perform any other service for which a
   4-23  license is required by provisions of this Act;
   4-24              (19)  an officer, employee, or agent of a common
   4-25  carrier, as defined by Section 153(h), Communications Act of 1934
   4-26  (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
   4-27  user of the carrier's long-distance services from a fraudulent,
    5-1  unlawful, or abusive use of those long-distance services;
    5-2              (20)  a person who sells or installs automobile burglar
    5-3  alarm devices;
    5-4              (21)  a manufacturer, or a manufacturer's authorized
    5-5  distributor, who sells to the holder of a license under this Act
    5-6  equipment used in the operations for which the holder is required
    5-7  to be licensed;
    5-8              (22)  a person employed as a noncommissioned security
    5-9  officer by a political subdivision of this state;
   5-10              (23)  a person whose activities are regulated under
   5-11  Article 5.43-2, Insurance Code, except to the extent that those
   5-12  activities are specifically regulated under this Act;
   5-13              (24)  a landman performing activities in the course and
   5-14  scope of the landman's business;
   5-15              (25)  a hospital or a wholly owned subsidiary or
   5-16  affiliate of a hospital that provides medical alert services for
   5-17  persons who are sick or disabled, if the hospital, subsidiary, or
   5-18  affiliate is licensed under Chapter 241, Health and Safety Code,
   5-19  and the hospital does not perform any other service that requires a
   5-20  license under this Act;
   5-21              (26)  a charitable, nonprofit organization that
   5-22  provides medical alert services for persons who are sick or
   5-23  disabled, if the organization:
   5-24                    (A)  is exempt from taxation under Section
   5-25  501(c)(3), Internal Revenue Code of 1986;
   5-26                    (B)  has its monitoring services provided by a
   5-27  licensed person or hospital or a wholly owned subsidiary or
    6-1  affiliate of a hospital licensed under Chapter 241, Health and
    6-2  Safety Code; and
    6-3                    (C)  does not perform any other service that
    6-4  requires a license under his Act; <or>
    6-5              (27)  a person engaged in the business of electronic
    6-6  monitoring of a person as a condition of that person's probation,
    6-7  parole, mandatory supervision, or release on bail, if the person
    6-8  does not perform any other service that requires a license under
    6-9  this Act; or
   6-10              (28)  a nonprofit business or civic organization that:
   6-11                    (A)  employs one or more peace officers as
   6-12  patrolmen, guards, or watchmen, whether in an employee-employer
   6-13  relationship or on an individual contract basis;
   6-14                    (B)  provides the services of these peace
   6-15  officers only to:
   6-16                          (i)  its members; or
   6-17                          (ii)  if the organization does not have
   6-18  members, the members of the communities served by the organization
   6-19  as described in its articles of incorporation or other
   6-20  organizational documents;
   6-21                    (C)  devotes the net receipts from all charges
   6-22  for the services exclusively to the cost of providing the services
   6-23  or to the costs of other services for the enhancement of the
   6-24  security or safety of:
   6-25                          (i)  its members; or
   6-26                          (ii)  if the organization does not have
   6-27  members, the members of the communities served by the organization
    7-1  as described in its articles of incorporation or other
    7-2  organizational documents; and
    7-3                    (D)  does not perform any other service that
    7-4  requires a license under this Act.
    7-5        SECTION 2.  The importance of this legislation and the
    7-6  crowded condition of the calendars in both houses create an
    7-7  emergency and an imperative public necessity that the
    7-8  constitutional rule requiring bills to be read on three several
    7-9  days in each house be suspended, and this rule is hereby suspended,
   7-10  and that this Act take effect and be in force from and after its
   7-11  passage, and it is so enacted.