BILL ANALYSIS



C.S.H.B. 713
By: Oakley
04-27-95
Committee Report (Substituted)


BACKGROUND

The Private Investigators and Private Security Agencies Act Was
passed by the Texas Legislature as a consumer protection law. The
purpose of this law was to license, and regulate the Private
security and private investigators profession, and provide a
penalty for those who practice without a license. 

Currently, there are no provisions for continuing education
courses.  Providing guidelines for continued education courses will
ensure that one is required to update their professional skills,
such as applicable laws.

PURPOSE

As proposed House Bill 713 will provide a penalty for repeat
violators, and require the Texas Board of Private Investigators and
Private Security Agencies to implement continued training courses
in order to maintain a license.  

RULEMAKING AUTHORITY

Additional Rulemaking Authority would be granted to the Texas Board
of Private Investigators and Private Security Agencies in Section
1, subsection (d).

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11 (d), of the Private Investigators and
Private Security Agencies act (Article 4413(29bb), Vernon's Texas
Civil Statutes), to require the board to set the minimum number of
hours for Continuing education courses.

SECTION 2.  Amends Section 44. of the Private Investigators and
Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
Civil Statutes by amending;

Subsection (c) to create a penalty of a third degree felony for a
person who has been previously convicted of an offense under this
act. 

Subsection (f) is added to create a Class A misdemeanor penalty for
anyone who knowingly hires a person who is operating under this Act
without a license.

SECTION 3. Effective date September 1, 1995.

SECTION 4. (a) An offense is punishable under this Act if the
offense occurs on or after the effective date.  The earliest
element of the offense is considered the date of the offense.
(b) Offenses committed before the effective date are punishable by
the law as of August 31,1995. 
SECTION 5. Rules shall be adopted for continuing education courses
not later than March 1, 1996

SECTION 6.  Emergency clause



COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 1 of the original is deleted in the substitute.  

SUMMARY OF COMMITTEE ACTION

HB 713 was considered by the Committee on Public Safety in a public
hearing on March 21, 1995.  The committee considered a complete
substitute for the bill.  The substitute was adopted without 
objection.  The bill was reported favorably as substituted, with
the recommendation that it do pass and be printed, by a record vote
of 8 ayes, 0 nays, 0 pnv, 1 absent.