1-1  By:  Hochberg (Senate Sponsor - Shelley)               H.B. No. 161
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 10, 1993, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; May 10, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas                              x    
    1-9        Rosson             x                               
   1-10        Carriker                                      x    
   1-11        Henderson          x                               
   1-12        Leedom                                        x    
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                      x    
   1-21  COMMITTEE AMENDMENT NO. 1                              By:  Shelley
   1-22        Amend H.B. 161 by deleting lines 51 through 53 on page 2 and
   1-23  substituting the following:
   1-24  (12)  a registered professional engineer <engineers> practicing in
   1-25  accordance with the provisions of the Texas Engineering Practice
   1-26  Act that does not install or service detection devices, does not
   1-27  conduct investigations, and is not a security services contractor;
   1-28  COMMITTEE AMENDMENT NO. 2                              By:  Shelley
   1-29  Amend H.B. 161 as follows:
   1-30        1.  On page 4, line 11, strike "or".
   1-31        2.  On page 4, line 21, strike the period and add the
   1-32  following:
   1-33        ; or (30) a person engaged in the business of psychological
   1-34  testing or other testing and interviewing services (to include but
   1-35  not limited to attitudes, honesty, intelligence, personality and
   1-36  skills) for preemployment purposes, if the person does not perform
   1-37  any other service that requires a license under this Act.
   1-38                         A BILL TO BE ENTITLED
   1-39                                AN ACT
   1-40  relating to  the Private Investigators and Private Security
   1-41  Agencies Act and to exceptions for certain nonprofit organizations
   1-42  and the definition of certain companies.
   1-43        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-44        SECTION 1.  Section 2(5), Private Investigators and Private
   1-45  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   1-46  Statutes), is amended to read as follows:
   1-47              (5)  "Alarm systems company" means any person that
   1-48  sells, installs, services, monitors, or responds to burglar alarm
   1-49  signal devices, burglar alarms, television cameras, still cameras
   1-50  or any other electrical, mechanical, or electronic device used:
   1-51                    (A)  to prevent or detect burglary, theft,
   1-52  shoplifting, pilferage, or other losses of that type;
   1-53                    (B)  to prevent or detect intrusion; or
   1-54                    (C)  primarily to detect or <and> summon aid for
   1-55  other emergencies.
   1-56        SECTION 2.  Section 3(a), Private Investigators and Private
   1-57  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
   1-58  Statutes), is amended to read as follows:
   1-59        (a)  This Act does not apply to:
   1-60              (1)  a person employed exclusively and regularly by one
   1-61  employer in connection with the affairs of an employer only and
   1-62  where there exists an employer-employee relationship; provided,
   1-63  however, any person who shall carry a firearm in the course of his
   1-64  employment shall be required to obtain a private security officer
   1-65  commission under the provisions of this Act;
   1-66              (2)  except as provided by Subsection (d) of this
   1-67  Section, an officer or employee of the United States of America, or
   1-68  of this State or political subdivision of either, while the
    2-1  employee or officer is engaged in the performance of official
    2-2  duties;
    2-3              (3)  a person who has full-time employment as a peace
    2-4  officer as defined by Article 2.12, Code of Criminal Procedure, who
    2-5  receives compensation for private employment on an individual or an
    2-6  independent contractor basis as a patrolman, guard, or watchman if
    2-7  such person is:
    2-8                    (A)  employed in an employee-employer
    2-9  relationship; or
   2-10                    (B)  employed on an individual contractual basis;
   2-11                    (C)  not in the employ of another peace officer;
   2-12  and
   2-13                    (D)  not a reserve peace officer;
   2-14              (4)  a person engaged exclusively in the business of
   2-15  obtaining and furnishing information for purposes of credit
   2-16  worthiness or collecting debts or ascertaining the financial
   2-17  responsibility of applicants for property insurance and for
   2-18  indemnity or surety bonds, with respect to persons, firms, and
   2-19  corporations;
   2-20              (5)  an attorney-at-law in performing his duties;
   2-21              (6)  admitted insurers, insurance adjusters, agents,
   2-22  and insurance brokers licensed by the State, performing duties in
   2-23  connection with insurance transacted by them;
   2-24              (7)  a person who engages exclusively in the business
   2-25  of repossessing property that is secured by a mortgage or other
   2-26  security interest;
   2-27              (8)  a locksmith who does not install or service
   2-28  detection devices, does not conduct investigations, and is not a
   2-29  security service contractor;
   2-30              (9)  a person who owns and installs burglar detection
   2-31  or alarm devices on his own property or, if he does not charge for
   2-32  the device or its installation, installs it for the protection of
   2-33  his personal property located on another's property, and does not
   2-34  install the devices as a normal business practice on the property
   2-35  of another;
   2-36              (10)  an employee of a cattle association who is
   2-37  engaged in inspection of brands of livestock under the authority
   2-38  granted to that cattle association by the Packers and Stockyards
   2-39  Division of the United States Department of Agriculture;
   2-40              (11)  the provisions of this Act shall not apply to
   2-41  common carriers by rail engaged in interstate commerce and
   2-42  regulated by state and federal authorities and transporting
   2-43  commodities essential to the national defense and to the general
   2-44  welfare and safety of the community;
   2-45              (12)  registered professional engineers practicing in
   2-46  accordance with the provisions of the Texas Engineering Practice
   2-47  Act;
   2-48              (13)  a person whose sale of burglar alarm signal
   2-49  devices, burglary alarms, television cameras, still cameras, or
   2-50  other electrical, mechanical, or electronic devices used for
   2-51  preventing or detecting burglary, theft, shoplifting, pilferage, or
   2-52  other losses is exclusively over-the-counter or by mail order;
   2-53              (14)  a person who holds a license or other form of
   2-54  permission issued by an incorporated city or town to practice as an
   2-55  electrician and who installs fire or smoke detectors in no building
   2-56  other than a single family or multifamily residence;
   2-57              (15)  a person or organization in the business of
   2-58  building construction that installs electrical wiring and devices
   2-59  that may include in part the installation of a burglar alarm or
   2-60  detection device if:
   2-61                    (A)  the person or organization is a party to a
   2-62  contract that provides that the installation will be performed
   2-63  under the direct supervision of and inspected and certified by a
   2-64  person or organization licensed to install and certify such an
   2-65  alarm or detection device and that the licensee assumes full
   2-66  responsibility for the installation of the alarm or detection
   2-67  device; and
   2-68                    (B)  the person or organization does not service
   2-69  or maintain burglar alarms or detection devices;
   2-70              (16)  a reserve peace officer while the reserve officer
    3-1  is performing guard, patrolman, or watchman duties for a county and
    3-2  is being compensated solely by that county;
    3-3              (17)  response to a burglar alarm or detection device
    3-4  by a law enforcement agency or by a law enforcement officer acting
    3-5  in an official capacity;
    3-6              (18)  a person who, by education, experience, or
    3-7  background has specialized expertise or knowledge such as that
    3-8  which would qualify or tend to qualify such person as an expert
    3-9  witness, authorized to render opinions in proceedings conducted in
   3-10  a court, administrative agency, or governing body of this state or
   3-11  of the United States, in accordance with applicable rules and
   3-12  regulations and who does not perform any other service for which a
   3-13  license is required by provisions of this Act;
   3-14              (19)  an officer, employee, or agent of a common
   3-15  carrier, as defined by Section 153(h), Communications Act of 1934
   3-16  (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
   3-17  user of the carrier's long-distance services from a fraudulent,
   3-18  unlawful, or abusive use of those long-distance services;
   3-19              (20)  a person who sells or installs automobile burglar
   3-20  alarm devices;
   3-21              (21)  a manufacturer, or a manufacturer's authorized
   3-22  distributor, who sells to the holder of a license under this Act
   3-23  equipment used in the operations for which the holder is required
   3-24  to be licensed;
   3-25              (22)  a person employed as a noncommissioned security
   3-26  officer by a political subdivision of this state;
   3-27              (23)  a person whose activities are regulated under
   3-28  Article 5.43-2, Insurance Code, except to the extent that those
   3-29  activities are specifically regulated under this Act;
   3-30              (24)  a landman performing activities in the course and
   3-31  scope of the landman's business;
   3-32              (25)  a hospital or a wholly owned subsidiary or
   3-33  affiliate of a hospital that provides medical alert services for
   3-34  persons who are sick or disabled, if the hospital, subsidiary, or
   3-35  affiliate is licensed under Chapter 241, Health and Safety Code,
   3-36  and the hospital does not perform any other service that requires a
   3-37  license under this Act;
   3-38              (26)  a charitable, nonprofit organization that
   3-39  provides medical alert services for persons who are sick or
   3-40  disabled, if the organization:
   3-41                    (A)  is exempt from taxation under Section
   3-42  501(c)(3), Internal Revenue Code of 1986;
   3-43                    (B)  has its monitoring services provided by a
   3-44  licensed person or hospital or a wholly owned subsidiary or
   3-45  affiliate of a hospital licensed under Chapter 241, Health and
   3-46  Safety Code; and
   3-47                    (C)  does not perform any other service that
   3-48  requires a license under his Act; <or>
   3-49              (27)  a person engaged in the business of electronic
   3-50  monitoring of a person as a condition of that person's probation,
   3-51  parole, mandatory supervision, or release on bail, if the person
   3-52  does not perform any other service that requires a license under
   3-53  this Act;
   3-54              (28)  a nonprofit business or civic organization that:
   3-55                    (A)  employs one or more peace officers meeting
   3-56  the qualifications of Subdivision (3) of this subsection as
   3-57  patrolmen, guards, or watchmen;
   3-58                    (B)  provides the services of these peace
   3-59  officers only to:
   3-60                          (i)  its members; or
   3-61                          (ii)  if the organization does not have
   3-62  members, the members of the communities served by the organization
   3-63  as described in its articles of incorporation or other
   3-64  organizational documents;
   3-65                    (C)  devotes the net receipts from all charges
   3-66  for the services exclusively to the cost of providing the services
   3-67  or to the costs of other services for the enhancement of the
   3-68  security or safety of:
   3-69                          (i)  its members; or
   3-70                          (ii)  if the organization does not have
    4-1  members, the members of the communities served by the organization
    4-2  as described in its articles of incorporation or other
    4-3  organizational documents; and
    4-4                    (D)  does not perform any other service that
    4-5  requires a license under this Act; or
    4-6              (29)  a charitable, nonprofit organization that
    4-7  maintains a system of records to aid in the location of missing
    4-8  children if the organization:
    4-9                    (A)  is exempt from federal taxation under
   4-10  Section 501(c)(3), Internal Revenue Code of 1986, and its
   4-11  subsequent amendments;
   4-12                    (B)  exclusively provides services related to
   4-13  locating missing children; and
   4-14                    (C)  does not perform any other service that
   4-15  requires a license under this Act.
   4-16        SECTION 3.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended,
   4-21  and that this Act take effect and be in force from and after its
   4-22  passage, and it is so enacted.
   4-23                               * * * * *
   4-24                                                         Austin,
   4-25  Texas
   4-26                                                         May 10, 1993
   4-27  Hon. Bob Bullock
   4-28  President of the Senate
   4-29  Sir:
   4-30  We, your Committee on State Affairs to which was referred H.B. No.
   4-31  161, have had the same under consideration, and I am instructed to
   4-32  report it back to the Senate with the recommendation that it do
   4-33  pass, as amended, and be printed.
   4-34                                                         Harris of
   4-35  Dallas, Chairman
   4-36                               * * * * *
   4-37                               WITNESSES
   4-38                                                  FOR   AGAINST  ON
   4-39  ___________________________________________________________________
   4-40  Name:  Bob Leonard Jr                            x
   4-41  Representing:  Tx Burglar & Fire Alarm Assn
   4-42  City:  Austin
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