H.B. No. 1808
1-1 AN ACT
1-2 relating to the regulation of certain persons and organizations
1-3 under the Private Investigators and Private Security Agencies Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2(5), Private Investigators and Private
1-6 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-7 Statutes), is amended to read as follows:
1-8 (5) "Alarm systems company" means any person that
1-9 sells, installs, services, monitors, or responds to burglar alarm
1-10 signal devices, burglar alarms, television cameras, still cameras
1-11 or any other electrical, mechanical, or electronic device used:
1-12 (A) to prevent or detect burglary, theft,
1-13 shoplifting, pilferage, or other losses of that type;
1-14 (B) to prevent or detect intrusion; or
1-15 (C) primarily to detect or <and> summon aid for
1-16 other emergencies.
1-17 SECTION 2. Section 3(a), Private Investigators and Private
1-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-19 Statutes), is amended to read as follows:
1-20 (a) This Act does not apply to:
1-21 (1) a person employed exclusively and regularly by one
1-22 employer in connection with the affairs of an employer only and
1-23 where there exists an employer-employee relationship; provided,
1-24 however, any person who shall carry a firearm in the course of his
2-1 employment shall be required to obtain a private security officer
2-2 commission under the provisions of this Act;
2-3 (2) except as provided by Subsection (d) of this
2-4 Section, an officer or employee of the United States of America, or
2-5 of this State or a political subdivision of either, while the
2-6 employee or officer is engaged in the performance of official
2-7 duties;
2-8 (3) a person who has full-time employment as a peace
2-9 officer as defined by Article 2.12, Code of Criminal Procedure, who
2-10 receives compensation for private employment on an individual or an
2-11 independent contractor basis as a patrolman, guard, or watchman if
2-12 such person is:
2-13 (A) employed in an employee-employer
2-14 relationship; or
2-15 (B) employed on an individual contractual basis;
2-16 (C) not in the employ of another peace officer;
2-17 and
2-18 (D) not a reserve peace officer;
2-19 (4) a person engaged exclusively in the business of
2-20 obtaining and furnishing information for purposes of credit
2-21 worthiness or collecting debts or ascertaining the financial
2-22 responsibility of applicants for property insurance and for
2-23 indemnity or surety bonds, with respect to persons, firms, and
2-24 corporations;
2-25 (5) an attorney-at-law in performing his duties;
2-26 (6) admitted insurers, insurance adjusters, agents,
2-27 and insurance brokers licensed by the State, performing duties in
3-1 connection with insurance transacted by them;
3-2 (7) a person who engages exclusively in the business
3-3 of repossessing property that is secured by a mortgage or other
3-4 security interest;
3-5 (8) a locksmith who does not install or service
3-6 detection devices, does not conduct investigations, and is not a
3-7 security service contractor;
3-8 (9) a person who owns and installs burglar detection
3-9 or alarm devices on his own property or, if he does not charge for
3-10 the device or its installation, installs it for the protection of
3-11 his personal property located on another's property, and does not
3-12 install the devices as a normal business practice on the property
3-13 of another;
3-14 (10) an employee of a cattle association who is
3-15 engaged in inspection of brands of livestock under the authority
3-16 granted to that cattle association by the Packers and Stockyards
3-17 Division of the United States Department of Agriculture;
3-18 (11) the provisions of this Act shall not apply to
3-19 common carriers by rail engaged in interstate commerce and
3-20 regulated by state and federal authorities and transporting
3-21 commodities essential to the national defense and to the general
3-22 welfare and safety of the community;
3-23 (12) registered professional engineers practicing in
3-24 accordance with the provisions of the Texas Engineering Practice
3-25 Act;
3-26 (13) a person whose sale of burglar alarm signal
3-27 devices, burglary alarms, television cameras, still cameras, or
4-1 other electrical, mechanical, or electronic devices used for
4-2 preventing or detecting burglary, theft, shoplifting, pilferage, or
4-3 other losses is exclusively over-the-counter or by mail order;
4-4 (14) a person who holds a license or other form of
4-5 permission issued by an incorporated city or town to practice as an
4-6 electrician and who installs fire or smoke detectors in no building
4-7 other than a single family or multifamily residence;
4-8 (15) a person or organization in the business of
4-9 building construction that installs electrical wiring and devices
4-10 that may include in part the installation of a burglar alarm or
4-11 detection device if:
4-12 (A) the person or organization is a party to a
4-13 contract that provides that the installation will be performed
4-14 under the direct supervision of and inspected and certified by a
4-15 person or organization licensed to install and certify such an
4-16 alarm or detection device and that the licensee assumes full
4-17 responsibility for the installation of the alarm or detection
4-18 device; and
4-19 (B) the person or organization does not service
4-20 or maintain burglar alarms or detection devices;
4-21 (16) a reserve peace officer while the reserve officer
4-22 is performing guard, patrolman, or watchman duties for a county and
4-23 is being compensated solely by that county;
4-24 (17) response to a burglar alarm or detection device
4-25 by a law enforcement agency or by a law enforcement officer acting
4-26 in an official capacity;
4-27 (18) a person who, by education, experience, or
5-1 background has specialized expertise or knowledge such as that
5-2 which would qualify or tend to qualify such person as an expert
5-3 witness, authorized to render opinions in proceedings conducted in
5-4 a court, administrative agency, or governing body of this state or
5-5 of the United States, in accordance with applicable rules and
5-6 regulations and who does not perform any other service for which a
5-7 license is required by provisions of this Act;
5-8 (19) an officer, employee, or agent of a common
5-9 carrier, as defined by Section 153(h), Communications Act of 1934
5-10 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
5-11 user of the carrier's long-distance services from a fraudulent,
5-12 unlawful, or abusive use of those long-distance services;
5-13 (20) a person who sells or installs automobile burglar
5-14 alarm devices;
5-15 (21) a manufacturer, or a manufacturer's authorized
5-16 distributor, who sells to the holder of a license under this Act
5-17 equipment used in the operations for which the holder is required
5-18 to be licensed;
5-19 (22) a person employed as a noncommissioned security
5-20 officer by a political subdivision of this state;
5-21 (23) a person whose activities are regulated under
5-22 Article 5.43-2, Insurance Code, except to the extent that those
5-23 activities are specifically regulated under this Act;
5-24 (24) a landman performing activities in the course and
5-25 scope of the landman's business;
5-26 (25) a hospital or a wholly owned subsidiary or
5-27 affiliate of a hospital that provides medical alert services for
6-1 persons who are sick or disabled, if the hospital, subsidiary, or
6-2 affiliate is licensed under Chapter 241, Health and Safety Code,
6-3 and the hospital does not perform any other service that requires a
6-4 license under this Act;
6-5 (26) a charitable, nonprofit organization that
6-6 provides medical alert services for persons who are sick or
6-7 disabled, if the organization:
6-8 (A) is exempt from taxation under Section
6-9 501(c)(3), Internal Revenue Code of 1986;
6-10 (B) has its monitoring services provided by a
6-11 licensed person or hospital or a wholly owned subsidiary or
6-12 affiliate of a hospital licensed under Chapter 241, Health and
6-13 Safety Code; and
6-14 (C) does not perform any other service that
6-15 requires a license under this Act; <or>
6-16 (27) a person engaged in the business of electronic
6-17 monitoring of a person as a condition of that person's probation,
6-18 parole, mandatory supervision, or release on bail, if the person
6-19 does not perform any other service that requires a license under
6-20 this Act; or
6-21 (28) a charitable, nonprofit organization that
6-22 maintains a system of records to aid in the location of missing
6-23 children if the organization:
6-24 (A) is exempt from federal taxation under
6-25 Section 501(c)(3), Internal Revenue Code of 1986, and its
6-26 subsequent amendments;
6-27 (B) exclusively provides services related to
7-1 locating missing children; and
7-2 (C) does not perform any other service that
7-3 requires a license under this Act.
7-4 SECTION 3. Section 17, Private Investigators and Private
7-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-6 Statutes), is amended as follows:
7-7 Sec. 17. FEES. (a) If the General Appropriations Act does
7-8 not specify the amount of the fee, the board by rule shall
7-9 establish reasonable and necessary fees that produce funds
7-10 sufficient for the administration of this Act but that do not
7-11 produce unnecessary fund balances and do not exceed the following
7-12 amounts:
7-13 Class A license $225
7-14 (original and renewal)
7-15 Class B license 225
7-16 (original and renewal)
7-17 Class C license 340
7-18 (original and renewal)
7-19 Reinstate suspended license 150
7-20 Assignment of license 150
7-21 Change name of license 75
7-22 Delinquency fee _____
7-23 Branch office certificate and renewal 150
7-24 Registration fee for private investigators, 20
7-25 managers, branch office managers, and alarm
7-26 systems installers
7-27 (original and renewal)
8-1 Registration fee for noncommissioned 35
8-2 security officer
8-3 Registration fee for security sales person 20
8-4 Registration fee for alarm systems monitor 20
8-5 Registration fee for dog trainer 20
8-6 Registration fee for owner, officer, 20
8-7 partner, or shareholder of a licensee
8-8 Registration fee for security consultants 55
8-9 Security officer commission fee 35
8-10 (original and renewal)
8-11 School instructor fee 100
8-12 (original and renewal)
8-13 School approval fee 250
8-14 (original and renewal)
8-15 Letter of authority fee for private businesses 225
8-16 and political subdivisions
8-17 (original and renewal)
8-18 FBI fingerprint check 25
8-19 Duplicate pocket card 10
8-20 Employee information update fee 15
8-21 Burglar alarm sellers renewal fee 25
8-22 (b) The financial transactions of the board are subject to
8-23 audit by the state auditor in accordance with Chapter 321,
8-24 Government Code.
8-25 (c) In addition to other fees established under this Act,
8-26 the board may charge a fee each time the board requires a person
8-27 regulated under this Act to resubmit a set of fingerprints for
9-1 processing by the board during the application process for a
9-2 license, registration, or commission issued under this Act. The
9-3 board shall set the fee in an amount that is reasonable and
9-4 necessary to cover its administrative expenses related to
9-5 processing the set of fingerprints.
9-6 (d) A Class A, Class B, or Class C license is valid for one
9-7 year from the date of issuance. Registration as a private
9-8 investigator, manager, branch office manager, alarm systems
9-9 installer, security consultant, security sales person, alarm
9-10 systems monitor, or dog trainer is valid for two years from the
9-11 date of registration, except that an initial registration as an
9-12 alarm systems installer or security sales person is valid for one
9-13 year from the date of registration if the board requires
9-14 registrants to be trained or tested pursuant to Section 32(f) of
9-15 this Act. Registration as an owner, officer, partner, or
9-16 shareholder of a licensee is valid for two years from the date of
9-17 registration. Registration as a noncommissioned security officer
9-18 is valid for four years from the date of registration. A letter of
9-19 authority, or a school approval or school instructor approval
9-20 letter issued by the board, is valid for one year from the date of
9-21 issuance. Other licenses or registrations issued under this Act
9-22 are valid for the period specified by this Act or by board rule.
9-23 SECTION 4. Section 32, Private Investigators and Private
9-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
9-25 Statutes), is amended as follows:
9-26 Sec. 32. REGISTRATION. (a) An individual who is employed
9-27 as a private investigator, manager, branch office manager, alarm
10-1 systems installer, noncommissioned security officer, private
10-2 security consultant, security sales person, alarm systems monitor,
10-3 or dog trainer, or who is an owner, officer, partner, or
10-4 shareholder of a licensee, must register with the board as provided
10-5 by board rule.
10-6 (b) The minimum age of a person registered under this
10-7 section shall be 18 years of age.
10-8 (c) An employee of a licensee who is employed in a capacity
10-9 that is not subject to mandatory registration under this section
10-10 may register with the board on a voluntary basis.
10-11 (d) The board may promulgate by rule any additional
10-12 qualifications of an individual registered under this section.
10-13 (e) A person who hires a noncommissioned security officer
10-14 must conduct a pre-employment check as prescribed by board rule.
10-15 (f)(1) The board may require that, except as provided in
10-16 Subdivision (3), a person who is employed as an alarm systems
10-17 installer or security sales person must hold a current
10-18 certification by a training program approved by the board in order
10-19 to renew his initial registration. The board may only approve
10-20 nationally recognized training programs that consist of at least 20
10-21 hours of classroom study in the areas of work allowed by the
10-22 registration. To be approved, a training program must offer at
10-23 least two certification programs each year, sufficient to complete
10-24 the requirements of this paragraph, within 100 miles of each county
10-25 in the state that has a population in excess of 500,000 people
10-26 according to the last decennial census.
10-27 (2) The board may require that persons that have
11-1 completed a training program pursuant to Subdivision (1) must
11-2 successfully complete an examination given by the board or by a
11-3 person or organization approved by the board. It shall be
11-4 permissible for the board to approve examinations in conjunction
11-5 with training programs approved pursuant to Subdivision (1). The
11-6 examination shall demonstrate the employee's qualifications to
11-7 perform the duties allowed by the employee's registration.
11-8 (3) A person that holds a valid registration on
11-9 September 30, 1993, shall not have to comply with the provisions of
11-10 Subdivisions (1) and (2), if training and testing is required by
11-11 the board, for so long as he maintains his registration with his
11-12 current licensee.
11-13 (g) If the board requires certification or examination under
11-14 Subsection (f) of this section, the board shall implement rules to
11-15 require persons who are employed as alarm systems installers or
11-16 security sales persons to obtain continuing education credits
11-17 related to the line of work for which they are licensed in order to
11-18 renew each registration subsequent to the renewal of their initial
11-19 registration. If the board requires such continuing education, the
11-20 executive director shall approve classes offered by nationally
11-21 recognized organizations, and participants in such classes shall
11-22 qualify according to rules adopted by the board.
11-23 SECTION 5. The importance of this legislation and the
11-24 crowded condition of the calendars in both houses create an
11-25 emergency and an imperative public necessity that the
11-26 constitutional rule requiring bills to be read on three several
11-27 days in each house be suspended, and this rule is hereby suspended,
12-1 and that this Act take effect and be in force from and after its
12-2 passage, and it is so enacted.