BILL ANALYSIS H.B. 405 By: Longoria 05-04-95 Committee Report (Amended) BACKGROUND Texas Commission on Law Enforcement Officers Standards and Education established the educational and training requirements needed to qualify as a peace officer. The current number of hours required to obtain the peace officer license is 560 hours of training and the number of hours required to obtain a commissioned security officer license is 30 hours. Many of our smaller communities are very dependent on the volunteer, non paid peace officer. Thousands of hours of volunteer, free, hours are provided on a regular basis. The volunteer peace officers have expenses associated with this type of service, not to mention dangers, that they accept when they volunteer to help the law enforcement agencies they serve. Among these costs are uniform, the Sam Brown( gun belt etcetera), the weapon, ammunition, automobile and automobile expenses. Volunteer officers frequently work "off duty" hours to supplement their income and/or offset the costs of volunteering, IE. serving the community. Currently, some licensed peace officers are subject to control by the Private Security Board because they must abide by the provisions of the Private Investigators and Private Security Agencies Act. The Private Security Act only exempts those peace officers who have "full time employment as a peace officer." Retired peace officers, volunteer peace officers, and detention guards must maintain their credentials the same as full time peace officers yet, they are prohibited from taking jobs as security guards in order to supplement their incomes. These retired and/or volunteer peace officers are an integral part of the Public Safety Mission. In some areas of Texas, volunteer peace officers constitute majorities in law enforcement departments and they are badly needed and very much appreciated. These officers are strictly volunteers; yet, they are held accountable to the same rules and regulations as full time peace officers. The problem is that the non paid peace officer has been placed under the "Private Security Act" in order to be allowed to take private security work in Texas. In fact, there have been some criminal prosecutions of peace officers (who volunteer to protect their community and have the 500 plus hours of training) for violating this "Private Security Act." This obviously calls for the correction of an unjust and greed motivated situation. PURPOSE The purpose of this bill is to amend the Private Security Act so as to remove all licensed Texas Peace Officers from any control by the Private Security Board and place them solely under the control and supervision of the Sheriffs, Police Chiefs, and Constables, governed solely by the regulations of Texas Commission on Law Enforcement Officers Standards and Education. This would keep licensed peace officers in Texas separate from the Private Security Board. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 3(a), Private Investigators and Private Security Agencies Act (Article 3(a), Vernon's Texas Civil Statutes), by deleting the following provisions: (a) (3) mandating that a person must have full time employment as a peace officer and changing it to exempt "a person who is a peace officer" as defined by Article 2.12, Code of Criminal Procedure and also deleting (a) (3)(D) and is not a reserve peace officer. SECTION 2: Act takes effect September 1, 1995. SECTION 3: Emergency Clause. EXPLANATION OF AMENDMENTS Amendment #1: Restricts the hours a reserve law enforcement officer may work off-duty to no more than the officer works in actual discharge of his duties as a reserve law enforcement officer. SUMMARY OF COMMITTEE ACTION H.B. 405 was considered by the committee in a public hearing on April 18, 1995. The following persons testified for the bill: Dennis M. Jaroszewski, representing himself; Richard W. Martin,representing Bexar County Sheriff's Dept. Support Division; Otto M. Vehle, representing Bexar County Sheriff Support Division; Sylvia L. Gonzalez, representing herself; James F. Calvert, representing himself; Amando Lopez, representing Harris County Precinct 6 Deputies Association; Yolanda Navarro Flores, representing herself; Ron Hyde, representing himself; Constable Victor Trevino, representing himself. The following persons testified against the bill: Tom Martin, representing the Texas Police Chiefs Association; Bob Antczak, representing Associated Security Services and Investigators of the State of Texas (A.S.S.I.S.T.); Ann Ball, representing All State Guard Service, Inc., and A.S.S.I.S.T.; Mark L. Smith, representing A.S.S.I.S.T.; T.W. (Dale) Watson, representing A.S.S.I.S.T.; John Cronin, representing A.S.S.I.S.T.; Carvel McNeil, Jr., representing Houston Police Patrolmen's Union. The bill was left pending. H.B. 405 was considered by the committee in a public hearing on April 25, 1995. The bill was left pending. H.B. 405 was considered by the committee in a public hearing on May 2, 1995. The committee considered 1 amendment to the bill. The amendment was adopted without objection. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 5 ayes, 3 nays, 0 pnv, 1 absent.