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.