By:  Oakley                                            H.B. No. 432
       73R2449 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the revocation, suspension, or denial of a license
    1-3  issued under 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 11B, Private Investigators and Private
    1-7  Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
    1-8  Statutes), is amended by amending Subsection (a) and adding
    1-9  Subsection (d) to read as follows:
   1-10        (a)  The board shall revoke or suspend any registration,
   1-11  license, or security officer commission, reprimand any registrant,
   1-12  licensee, or commissioned security officer, or deny an application
   1-13  for a registration, license, or security officer commission, or
   1-14  renewal thereof, or may place on probation a person whose
   1-15  registration, license, or security officer commission has been
   1-16  suspended, on proof:
   1-17              (1)  that the applicant, licensee, commissioned
   1-18  security officer, or registrant has violated any provisions of this
   1-19  Act or of the rules and regulations promulgated under this Act;
   1-20              (2)  that the applicant, licensee, commissioned
   1-21  security officer, or registrant has committed any act resulting in
   1-22  conviction of a felony;
   1-23              (3)  that the applicant, licensee, commissioned
   1-24  security officer, or registrant has committed an act after the date
    2-1  of application for a registration, license, or security officer
    2-2  commission that results in a conviction of a misdemeanor involving
    2-3  moral turpitude;
    2-4              (4)  that the applicant, licensee, commissioned
    2-5  security officer, or registrant has practiced fraud, deceit, or
    2-6  misrepresentation; <or>
    2-7              (5)  that the applicant, licensee, commissioned
    2-8  security officer, or registrant has made a material misstatement in
    2-9  the application for or renewal of a license, registration, or
   2-10  security officer commission;
   2-11              (6)  that the applicant, licensee, commissioned
   2-12  security officer, or registrant violated a state or federal law
   2-13  while engaged in an activity regulated by this Act; or
   2-14              (7)  that a licensee or an employee of a licensee, with
   2-15  the licensee's knowledge, required an individual regulated under
   2-16  this Act to work more than:
   2-17                    (A)  12 hours in any 24-hour period;
   2-18                    (B)  60 hours in any seven-day period; or
   2-19                    (C)  six days in any seven-day period.
   2-20        (d)  Subsection (a)(7) of this section does not apply if an
   2-21  individual regulated under this Act was required to work because of
   2-22  an unforeseeable emergency or other work-related event and the
   2-23  employee was compensated as required by the Fair Labor Standards
   2-24  Act (29 U.S.C. Section 201 et seq.).
   2-25        SECTION 2.  This Act takes effect January 1, 1994, and
   2-26  applies only to an act by an applicant, licensee, employee of a
   2-27  licensee, commissioned security officer, or registrant that occurs
    3-1  on or after the effective date of this Act.  An act by an
    3-2  applicant, licensee, employee of a licensee, commissioned security
    3-3  officer, or registrant that occurs before the effective date of
    3-4  this Act is governed by the law in effect at the time the act
    3-5  occurred and that law is continued in effect for that purpose.
    3-6        SECTION 3.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency   and   an   imperative   public   necessity   that   the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended.