1-1 By: Hilbert (Senate Sponsor - Brown) H.B. No. 1808
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 19, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 19, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 1808 By: Brown
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the regulation of certain persons and organizations
1-20 under the Private Investigators and Private Security Agencies Act.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 2(5), Private Investigators and Private
1-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-24 Statutes), is amended to read as follows:
1-25 (5) "Alarm systems company" means any person that
1-26 sells, installs, services, monitors, or responds to burglar alarm
1-27 signal devices, burglar alarms, television cameras, still cameras
1-28 or any other electrical, mechanical, or electronic device used:
1-29 (A) to prevent or detect burglary, theft,
1-30 shoplifting, pilferage, or other losses of that type;
1-31 (B) to prevent or detect intrusion; or
1-32 (C) primarily to detect or <and> summon aid for
1-33 other emergencies.
1-34 SECTION 2. Section 3(a), Private Investigators and Private
1-35 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
1-36 Statutes), is amended to read as follows:
1-37 (a) This Act does not apply to:
1-38 (1) a person employed exclusively and regularly by one
1-39 employer in connection with the affairs of an employer only and
1-40 where there exists an employer-employee relationship; provided,
1-41 however, any person who shall carry a firearm in the course of his
1-42 employment shall be required to obtain a private security officer
1-43 commission under the provisions of this Act;
1-44 (2) except as provided by Subsection (d) of this
1-45 Section, an officer or employee of the United States of America, or
1-46 of this State or a political subdivision of either, while the
1-47 employee or officer is engaged in the performance of official
1-48 duties;
1-49 (3) a person who has full-time employment as a peace
1-50 officer as defined by Article 2.12, Code of Criminal Procedure, who
1-51 receives compensation for private employment on an individual or an
1-52 independent contractor basis as a patrolman, guard, or watchman if
1-53 such person is:
1-54 (A) employed in an employee-employer
1-55 relationship; or
1-56 (B) employed on an individual contractual basis;
1-57 (C) not in the employ of another peace officer;
1-58 and
1-59 (D) not a reserve peace officer;
1-60 (4) a person engaged exclusively in the business of
1-61 obtaining and furnishing information for purposes of credit
1-62 worthiness or collecting debts or ascertaining the financial
1-63 responsibility of applicants for property insurance and for
1-64 indemnity or surety bonds, with respect to persons, firms, and
1-65 corporations;
1-66 (5) an attorney-at-law in performing his duties;
1-67 (6) admitted insurers, insurance adjusters, agents,
1-68 and insurance brokers licensed by the State, performing duties in
2-1 connection with insurance transacted by them;
2-2 (7) a person who engages exclusively in the business
2-3 of repossessing property that is secured by a mortgage or other
2-4 security interest;
2-5 (8) a locksmith who does not install or service
2-6 detection devices, does not conduct investigations, and is not a
2-7 security service contractor;
2-8 (9) a person who owns and installs burglar detection
2-9 or alarm devices on his own property or, if he does not charge for
2-10 the device or its installation, installs it for the protection of
2-11 his personal property located on another's property, and does not
2-12 install the devices as a normal business practice on the property
2-13 of another;
2-14 (10) an employee of a cattle association who is
2-15 engaged in inspection of brands of livestock under the authority
2-16 granted to that cattle association by the Packers and Stockyards
2-17 Division of the United States Department of Agriculture;
2-18 (11) the provisions of this Act shall not apply to
2-19 common carriers by rail engaged in interstate commerce and
2-20 regulated by state and federal authorities and transporting
2-21 commodities essential to the national defense and to the general
2-22 welfare and safety of the community;
2-23 (12) registered professional engineers practicing in
2-24 accordance with the provisions of the Texas Engineering Practice
2-25 Act;
2-26 (13) a person whose sale of burglar alarm signal
2-27 devices, burglary alarms, television cameras, still cameras, or
2-28 other electrical, mechanical, or electronic devices used for
2-29 preventing or detecting burglary, theft, shoplifting, pilferage, or
2-30 other losses is exclusively over-the-counter or by mail order;
2-31 (14) a person who holds a license or other form of
2-32 permission issued by an incorporated city or town to practice as an
2-33 electrician and who installs fire or smoke detectors in no building
2-34 other than a single family or multifamily residence;
2-35 (15) a person or organization in the business of
2-36 building construction that installs electrical wiring and devices
2-37 that may include in part the installation of a burglar alarm or
2-38 detection device if:
2-39 (A) the person or organization is a party to a
2-40 contract that provides that the installation will be performed
2-41 under the direct supervision of and inspected and certified by a
2-42 person or organization licensed to install and certify such an
2-43 alarm or detection device and that the licensee assumes full
2-44 responsibility for the installation of the alarm or detection
2-45 device; and
2-46 (B) the person or organization does not service
2-47 or maintain burglar alarms or detection devices;
2-48 (16) a reserve peace officer while the reserve officer
2-49 is performing guard, patrolman, or watchman duties for a county and
2-50 is being compensated solely by that county;
2-51 (17) response to a burglar alarm or detection device
2-52 by a law enforcement agency or by a law enforcement officer acting
2-53 in an official capacity;
2-54 (18) a person who, by education, experience, or
2-55 background has specialized expertise or knowledge such as that
2-56 which would qualify or tend to qualify such person as an expert
2-57 witness, authorized to render opinions in proceedings conducted in
2-58 a court, administrative agency, or governing body of this state or
2-59 of the United States, in accordance with applicable rules and
2-60 regulations and who does not perform any other service for which a
2-61 license is required by provisions of this Act;
2-62 (19) an officer, employee, or agent of a common
2-63 carrier, as defined by Section 153(h), Communications Act of 1934
2-64 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
2-65 user of the carrier's long-distance services from a fraudulent,
2-66 unlawful, or abusive use of those long-distance services;
2-67 (20) a person who sells or installs automobile burglar
2-68 alarm devices;
2-69 (21) a manufacturer, or a manufacturer's authorized
2-70 distributor, who sells to the holder of a license under this Act
3-1 equipment used in the operations for which the holder is required
3-2 to be licensed;
3-3 (22) a person employed as a noncommissioned security
3-4 officer by a political subdivision of this state;
3-5 (23) a person whose activities are regulated under
3-6 Article 5.43-2, Insurance Code, except to the extent that those
3-7 activities are specifically regulated under this Act;
3-8 (24) a landman performing activities in the course and
3-9 scope of the landman's business;
3-10 (25) a hospital or a wholly owned subsidiary or
3-11 affiliate of a hospital that provides medical alert services for
3-12 persons who are sick or disabled, if the hospital, subsidiary, or
3-13 affiliate is licensed under Chapter 241, Health and Safety Code,
3-14 and the hospital does not perform any other service that requires a
3-15 license under this Act;
3-16 (26) a charitable, nonprofit organization that
3-17 provides medical alert services for persons who are sick or
3-18 disabled, if the organization:
3-19 (A) is exempt from taxation under Section
3-20 501(c)(3), Internal Revenue Code of 1986;
3-21 (B) has its monitoring services provided by a
3-22 licensed person or hospital or a wholly owned subsidiary or
3-23 affiliate of a hospital licensed under Chapter 241, Health and
3-24 Safety Code; and
3-25 (C) does not perform any other service that
3-26 requires a license under this Act; <or>
3-27 (27) a person engaged in the business of electronic
3-28 monitoring of a person as a condition of that person's probation,
3-29 parole, mandatory supervision, or release on bail, if the person
3-30 does not perform any other service that requires a license under
3-31 this Act; or
3-32 (28) a charitable, nonprofit organization that
3-33 maintains a system of records to aid in the location of missing
3-34 children if the organization:
3-35 (A) is exempt from federal taxation under
3-36 Section 501(c)(3), Internal Revenue Code of 1986, and its
3-37 subsequent amendments;
3-38 (B) exclusively provides services related to
3-39 locating missing children; and
3-40 (C) does not perform any other service that
3-41 requires a license under this Act.
3-42 SECTION 3. Section 17, Private Investigators and Private
3-43 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-44 Statutes), is amended as follows:
3-45 Sec. 17. FEES. (a) If the General Appropriations Act does
3-46 not specify the amount of the fee, the board by rule shall
3-47 establish reasonable and necessary fees that produce funds
3-48 sufficient for the administration of this Act but that do not
3-49 produce unnecessary fund balances and do not exceed the following
3-50 amounts:
3-51 Class A license $225
3-52 (original and renewal)
3-53 Class B license 225
3-54 (original and renewal)
3-55 Class C license 340
3-56 (original and renewal)
3-57 Reinstate suspended license 150
3-58 Assignment of license 150
3-59 Change name of license 75
3-60 Delinquency fee _____
3-61 Branch office certificate and renewal 150
3-62 Registration fee for private investigators, 20
3-63 managers, branch office managers, and alarm
3-64 systems installers
3-65 (original and renewal)
3-66 Registration fee for noncommissioned 35
3-67 security officer
3-68 Registration fee for security sales person 20
3-69 Registration fee for alarm systems monitor 20
3-70 Registration fee for dog trainer 20
4-1 Registration fee for owner, officer, 20
4-2 partner, or shareholder of a licensee
4-3 Registration fee for security consultants 55
4-4 Security officer commission fee 35
4-5 (original and renewal)
4-6 School instructor fee 100
4-7 (original and renewal)
4-8 School approval fee 250
4-9 (original and renewal)
4-10 Letter of authority fee for private businesses 225
4-11 and political subdivisions
4-12 (original and renewal)
4-13 FBI fingerprint check 25
4-14 Duplicate pocket card 10
4-15 Employee information update fee 15
4-16 Burglar alarm sellers renewal fee 25
4-17 (b) The financial transactions of the board are subject to
4-18 audit by the state auditor in accordance with Chapter 321,
4-19 Government Code.
4-20 (c) In addition to other fees established under this Act,
4-21 the board may charge a fee each time the board requires a person
4-22 regulated under this Act to resubmit a set of fingerprints for
4-23 processing by the board during the application process for a
4-24 license, registration, or commission issued under this Act. The
4-25 board shall set the fee in an amount that is reasonable and
4-26 necessary to cover its administrative expenses related to
4-27 processing the set of fingerprints.
4-28 (d) A Class A, Class B, or Class C license is valid for one
4-29 year from the date of issuance. Registration as a private
4-30 investigator, manager, branch office manager, alarm systems
4-31 installer, security consultant, security sales person, alarm
4-32 systems monitor, or dog trainer is valid for two years from the
4-33 date of registration, except that an initial registration as an
4-34 alarm systems installer or security sales person is valid for one
4-35 year from the date of registration if the board requires
4-36 registrants to be trained or tested pursuant to Section 32(f) of
4-37 this Act. Registration as an owner, officer, partner, or
4-38 shareholder of a licensee is valid for two years from the date of
4-39 registration. Registration as a noncommissioned security officer
4-40 is valid for four years from the date of registration. A letter of
4-41 authority, or a school approval or school instructor approval
4-42 letter issued by the board, is valid for one year from the date of
4-43 issuance. Other licenses or registrations issued under this Act
4-44 are valid for the period specified by this Act or by board rule.
4-45 SECTION 4. Section 32, Private Investigators and Private
4-46 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-47 Statutes), is amended as follows:
4-48 Sec. 32. REGISTRATION. (a) An individual who is employed
4-49 as a private investigator, manager, branch office manager, alarm
4-50 systems installer, noncommissioned security officer, private
4-51 security consultant, security sales person, alarm systems monitor,
4-52 or dog trainer, or who is an owner, officer, partner, or
4-53 shareholder of a licensee, must register with the board as provided
4-54 by board rule.
4-55 (b) The minimum age of a person registered under this
4-56 section shall be 18 years of age.
4-57 (c) An employee of a licensee who is employed in a capacity
4-58 that is not subject to mandatory registration under this section
4-59 may register with the board on a voluntary basis.
4-60 (d) The board may promulgate by rule any additional
4-61 qualifications of an individual registered under this section.
4-62 (e) A person who hires a noncommissioned security officer
4-63 must conduct a pre-employment check as prescribed by board rule.
4-64 (f)(1) The board may require that, except as provided in
4-65 Subdivision (3), a person who is employed as an alarm systems
4-66 installer or security sales person must hold a current
4-67 certification by a training program approved by the board in order
4-68 to renew his initial registration. The board may approve
4-69 nationally recognized training programs that consist of at least 20
4-70 hours of classroom study in the areas of work allowed by the
5-1 registration. To be approved, a training program must offer at
5-2 least two certification programs each year, sufficient to complete
5-3 the requirements of this paragraph, within 100 miles of each county
5-4 in the state that has a population in excess of 500,000 people
5-5 according to the last decennial census.
5-6 (2) The board may require that persons that have
5-7 completed a training program pursuant to Subdivision (1) must
5-8 successfully complete an examination given by the board or by a
5-9 person or organization approved by the board. It shall be
5-10 permissible for the board to approve examinations in conjunction
5-11 with training programs approved pursuant to Subdivision (1). The
5-12 examination shall demonstrate the employee's qualifications to
5-13 perform the duties allowed by the employee's registration.
5-14 (3) A person that holds a valid registration on
5-15 September 30, 1993, shall not have to comply with the provisions of
5-16 Subdivisions (1) and (2), if training and testing is required by
5-17 the board, for so long as he maintains his registration with his
5-18 current licensee. The provisions of Subdivisions (1) and (2) will
5-19 apply to all persons who hold licenses on or before September 30,
5-20 1993, upon renewal of their licenses, in the event the board
5-21 requires testing and training under this section.
5-22 (g) The board may require persons who are employed as alarm
5-23 systems installers or security sales persons to obtain continuing
5-24 education credits related to the line of work for which they are
5-25 licensed in order to renew each registration subsequent to the
5-26 renewal of their initial registration. If the board requires such
5-27 continuing education, it shall approve classes offered by
5-28 nationally recognized organizations and participants in such
5-29 classes shall qualify according to rules adopted by the board.
5-30 SECTION 5. The importance of this legislation and the
5-31 crowded condition of the calendars in both houses create an
5-32 emergency and an imperative public necessity that the
5-33 constitutional rule requiring bills to be read on three several
5-34 days in each house be suspended, and this rule is hereby suspended,
5-35 and that this Act take effect and be in force from and after its
5-36 passage, and it is so enacted.
5-37 * * * * *
5-38 Austin,
5-39 Texas
5-40 May 19, 1993
5-41 Hon. Bob Bullock
5-42 President of the Senate
5-43 Sir:
5-44 We, your Committee on Criminal Justice to which was referred H.B.
5-45 No. 1808, have had the same under consideration, and I am
5-46 instructed to report it back to the Senate with the recommendation
5-47 that it do not pass, but that the Committee Substitute adopted in
5-48 lieu thereof do pass and be printed.
5-49 Whitmire,
5-50 Chairman
5-51 * * * * *
5-52 WITNESSES
5-53 FOR AGAINST ON
5-54 ___________________________________________________________________
5-55 Name: Clema Sander x
5-56 Representing: Tx Bd of Private Invest
5-57 City: Austin
5-58 -------------------------------------------------------------------
5-59 Name: Bob Leonard x
5-60 Representing: Tx Burglar & Fire Alarm Assoc
5-61 City: Austin
5-62 -------------------------------------------------------------------