By Oakley H.B. No. 2407
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing testing and training to be required by the
1-3 State Board of Private Investigators and Private Security Agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 17 of the Private Investigators and
1-6 Private Security Agencies Act (Article 4413 (29bb) Vernon's Texas
1-7 Civil Statutes) is amended as follows:
1-8 Sec. 17. (a) If the General Appropriations Act does not
1-9 specify the amount of the fee, the board by rule shall establish
1-10 reasonable and necessary fees that produce funds sufficient for the
1-11 administration of this Act but that do not produce unnecessary fund
1-12 balances and do not exceed the following amounts:
1-13 Class A license $225
1-14 (original and renewal)
1-15 Class B license 225
1-16 (original and renewal)
1-17 Class C license 340
1-18 (original and renewal)
1-19 Reinstate suspended license 150
1-20 Assignment of license 150
1-21 Change name of license 75
1-22 Delinquency fee _____
1-23 Branch office certificate and renewal 150
2-1 Registration fee for private investigators, managers,
2-2 branch office managers, and alarm systems installers 20
2-3 (original and renewal)
2-4 Registration fee for noncommissioned security officer 35
2-5 Registration fee for security sales person 20
2-6 Registration fee for alarm systems monitor 20
2-7 Registration fee for dog trainer 20
2-8 Registration fee for owner, officer, partner, or
2-9 shareholder of a licensee 20
2-10 Registration fee for security consultants 55
2-11 Security officer commission fee 35
2-12 (original and renewal)
2-13 School instructor fee 100
2-14 (original and renewal)
2-15 School approval fee 250
2-16 (original and renewal)
2-17 Letter of Authority fee for private businesses and
2-18 political subdivisions 225
2-19 (original and renewal)
2-20 FBI fingerprint check 25
2-21 Duplicate pocket card 10
2-22 Employee information update fee 15
2-23 Burglar alarm sellers renewal fee 25
2-24 (b) The financial transactions of the board are subject to
2-25 audit by the state auditor in accordance with Chapter 321,
3-1 Government Code.
3-2 (c) In addition to other fees established under this Act,
3-3 the board may charge a fee each time the board requires a person
3-4 regulated under this Act to resubmit a set of fingerprints for
3-5 processing by the board during the application process for a
3-6 license, registration, or commission issued under this Act. The
3-7 board shall set the fee in an amount that is reasonable and
3-8 necessary to cover its administrative expenses related to
3-9 processing the set of fingerprints.
3-10 (d) A Class A, Class B, or Class C license is valid for one
3-11 year from the date of issuance. Registration as a private
3-12 investigator, manager, branch office manager, <alarm systems
3-13 installer,> security consultant, <security sales person,> alarm
3-14 systems monitor, or dog trainer is valid for two years from the
3-15 date of registration. Initial registration as an alarm systems
3-16 installer or security sales person, is valid for one year from the
3-17 date of registration. Renewal registration as an alarm systems
3-18 installer or security sales person is valid for two years from the
3-19 date of registration. Registration as an owner, officer, partner,
3-20 or shareholder of a licensee is valid for two years from the date
3-21 of registration. Registration as a noncommissioned security
3-22 officer is valid for four years from the date of registration. A
3-23 letter of authority, or a school approval or school instructor
3-24 approval letter issued by the board, is valid for one year from the
3-25 date of issuance. Other licenses or registrations issued under
4-1 this Act are valid for the period specified by this Act or by board
4-2 rule.
4-3 SECTION 2. Section 32 of the Private Investigators and
4-4 Private Security Agencies Act (Article 4413 (29bb) Vernon's Texas
4-5 Civil Statutes) is amended as follows:
4-6 Sec. 32. (a) An individual who is employed as a private
4-7 investigator, manager, branch office manager, alarm systems
4-8 installer, noncommissioned security officer, private security
4-9 consultant, security sales person, alarm systems monitor, or dog
4-10 trainer, or who is an owner, officer, partner, or shareholder of a
4-11 licensee, must register with the board as provided by board rule.
4-12 (b) The minimum age of a person registered under this
4-13 section shall be 18 years of age.
4-14 (c) An employee of a licensee who is employed in a capacity
4-15 that is not subject to mandatory registration under this section
4-16 may register with the board on a voluntary basis.
4-17 (d) The board may promulgate by rule any additional
4-18 qualifications of an individual registered under this section.
4-19 (e) A person who hires a noncommissioned security officer
4-20 must conduct a pre-employment check as prescribed by board rule.
4-21 (f)(1) The board may require that, except as provided in
4-22 subsection (3), a person who is employed as an alarm systems
4-23 installer or security sales person must hold a current
4-24 certification by a training program approved by the board in order
4-25 to renew his initial registration. The board may approve
5-1 nationally recognized training programs that consist of at least 20
5-2 hours of classroom study in the areas of work allowed by the
5-3 registration. To be approved, a training program must offer at
5-4 least two certification programs each year, sufficient to complete
5-5 the requirements of this paragraph, within 100 miles of each county
5-6 in the state that has a population in excess of 500,000 people
5-7 according to the last decennial census.
5-8 (2) The board may require that persons that have
5-9 completed a training program pursuant to subsection (1) must
5-10 successfully complete an examination given by the board or by a
5-11 person or organization approved by the board. It shall be
5-12 permissible for the board to approve examinations in conjunction
5-13 with training programs approved pursuant to subsection (1). The
5-14 examination shall demonstrate the employee's qualifications to
5-15 perform the duties allowed by the employee's registration.
5-16 (3) a person that holds a valid registration on September 30, 1993
5-17 shall not have to comply with the provisions of subsections (1) and
5-18 (2), if training and testing is required by the board, for so long
5-19 as he maintains his registration with his current licensee.
5-20 (g) The board may require persons who are employed as alarm
5-21 systems installers or security sales persons to obtain continuing
5-22 education credits related to the line of work for which they are
5-23 licensed in order to renew each registration subsequent to the
5-24 renewal of their initial registration. If the board requires such
5-25 continuing education, it shall approve classes offered by
6-1 nationally recognized organizations and participants in such
6-2 classes shall qualify according to rules adopted by the board.
6-3 SECTION 3. The importance of this legislation and the
6-4 crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended,
6-8 and that this Act take effect and be in force from and after its
6-9 passage, and it is so enacted.