BILL ANALYSIS
C.S.H.B. 713
By: Oakley (Brown)
Economic Development
5-23-95
Senate 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 the law is to license and regulate private security and
private investigators, and provide a penalty for those who practice
without a license.
Currently, the law does not require continuing education courses.
PURPOSE
As proposed, C.S.H.B. 713 requires the Texas Board of Private
Investigators and Private Security Agencies (board) to recognize,
prepare, or administer continuing education programs for persons
regulated by the board; and expands the licensing and registration
application requirements of the board.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Private Investigators and Private Security
Agencies under SECTIONS 6 and 8 (Sections 14(g) and 17(a), Article
4413(29bb), V.T.C.S.) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2, Article 4413(29bb), V.T.C.S. (Private
Investigators and Private Security Agencies Act), by amending
Subsections (3)-(5) and (31), and adding Subsections (33)-(37), to
define "detection device," "personal protection authorization,"
"personal protection officer," and "peace officer." Redefines
"investigations company," "guard company," and "alarm systems
company."
SECTION 2. Amends Section 3(a), Article 4413(29bb), V.T.C.S., to
provide that this section does not apply to, among others, a person
who has full-time employment as a peace officer, who receives
compensation for private employment on an individual or an
independent contractor basis as a patrolman, guard, or watchman if
the officer works as a peace officer on the average of at least 32
hours a week, is compensated by the state or a political
subdivision of the state at the rate of the minimum wage or higher,
and is entitled to all employee benefits offered to a peace officer
by the state or political subdivision; a registered professional
engineer practicing in accordance with the Texas Engineering
Practice Act that does not install or service detection devices,
does not conduct non-engineering investigations, is performing
forensic engineering studies, and is not a security contractor; and
a person who sells or installs automobile burglar alarm devices and
that does not perform any other act that requires a license under
this Act.
SECTION 3. Amends Sections 3A(a) and (c), Article 4413(29bb),
V.T.C.S., as follows:
(a) Provides that the provisions of this Act do not apply to
a person who sells detection devices, rather than burglar
alarms, under certain conditions. Deletes language requiring
a person to have color photographs showing a likeness of the
person for exemption from the provisions of this Act. Makes
conforming changes.
(c) Requires it to be unlawful for any person who holds a
current seller's certificate to install, service, monitor, or
respond to detection devices used to prevent or detect
burglary or other losses of that type.
SECTION 4. Amends Subsection (a), Section 11B, Article 4413(29bb),
V.T.C.S., to require the Texas Board of Private Investigators and
Private Security Agencies (board) to revoke or suspend any
registration, license, or security officer commission, on proof,
among others, that the licensee of the commissioned security
officer or registrant has submitted to the board sufficient
evidence that a commissioned security officer or registrant, while
in the employ of the licensee, practiced fraud or deceit, or
committed theft while performing work as a commissioned security
officer or registrant.
SECTION 5. Amends Section 11(d), Article 4413(29bb), V.T.C.S., to
require, rather than authorize, the board to recognize, prepare, or
administer continuing education programs for private investigators
regulated by the board under this Act. Requires the board to set
the minimum number of hours that must be completed and the types of
programs that may be offered for private investigators regulated by
the board. Requires a private investigator regulated by the board
to submit evidence of compliance with the board's continuing
education requirements in a manner prescribed by the board.
Deletes a provision making participation in the programs voluntary.
SECTION 6. Amends Section 14, Article 4413(29bb), V.T.C.S., by
adding Subsections (d)-(g), as follows:
(d) Requires an applicant for a personal protection
authorization (authorization) to submit a written application
for an authorization on a form prescribed by the board; to
submit a current certificate of completion of the basic
security officer training course; to provide proof that the
applicant is currently employed by an investigations company
or guard company licensed by the board; to provide proof of
completion and the results of the Minnesota Multiphasic
Personality Inventory psychological testing (MMPI test) as
required by board rule; to provide proof of training in
nonlethal self-defense of a third person; and to be at least
21 years of age. Prohibits the applicant from having been
convicted of an offense involving assault during the seven
years preceding the date of the application.
(e) Provides that a personal protection authorization runs
concurrently with the dates of issuance and expiration of the
security officer commission under which the holder's
authorization was issued.
(f) Requires the board to establish a 15-hour course for a
personal protection officer consisting of training in
nonlethal self-defense or the defense of a third person.
Provides that the training is in addition to the required
basic security officer training course.
(g) Requires the board, by rule, to require an applicant for
an authorization to complete the MMPI test. Authorizes the
board to use the results of the test to evaluate the
psychological fitness of the applicant.
SECTION 7. Amends Section 15.A, Article 4413(29bb), V.T.C.S., to
delete from the list of information required for an application for
a license under this Act photographs of the applicant.
SECTION 8. Amends Section 17(a), Article 4413(29bb), V.T.C.S., to
require the board, by rule, to establish certain fees that do not
exceed $50 for personal protection authorization.
SECTION 9. Amends Section 19(a), Article 4413(29bb) V.T.C.S., to
provide that it is unlawful for a personal protection officer to
carry a concealed firearm except under certain conditions.
SECTION 10. Amends Sections 28(a) and (e), Article 4413(29bb),
V.T.C.S., as follows:
(a) Prohibits any licensee or officer, director, partner, or
manager of a licensee from divulging certain information to
any other person except as required by state law or court
order.
(e) Makes conforming changes.
SECTION 11. Amends Section 29, Article 4413(29bb), V.T.C.S., as
follows:
(a) Created from existing text.
(b) Requires each licensee to maintain on file for board
inspection at the licensee's principal place of business or
branch office two recent color photographs of a type
prescribed by the board of each applicant, registrant,
commissioned security officer, and employee of the licensee.
SECTION 12. Amends Section 33.(A), Article 4413(29bb), V.T.C.S.,
to delete from the list of information required for an application
for registration photographs of the applicant.
SECTION 13. Amends Article 4413(29bb), V.T.C.S., by adding
Section 39A, as follows:
Sec. 39A. DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BASED
ON CRIMINAL HISTORY BACKGROUND CHECK. (a) Authorizes the
board to obtain a criminal history record relating to an
applicant for a license or a license holder regulated under
this Act that is maintained by the Department of Public Safety
(DPS) and the Federal Bureau of Investigation (FBI). Requires
the board to deny an application for a person who does not
provide two complete sets of fingerprints on forms prescribed
by the board or fails to pay any required fee under this
section.
(b) Requires the board to suspend a license, registration,
security officer commission, letter of approval, or permit
(registration) issued to an individual under this Act if the
board receives written notification from DPS or any other
law enforcement agency that the individual has been arrested
for or charged with a felony or misdemeanor involving moral
turpitude.
(c) Requires the board to deny an application for a
registration for an individual if the board receives written
notification from DPS or any other law enforcement agency
that the individual has been arrested for or charged with a
felony or misdemeanor involving moral turpitude.
(d) Provides that a registration is conditional on the
board's receipt of criminal history information from DPS and
shall be denied, suspended, or revoked if the board receives
information from the FBI or any other law enforcement agency
that the individual or applicant has a record of having
committed a criminal offense.
SECTION 14. Amends Section 44, Article 4413(29bb), V.T.C.S., by
amending Subsection (c), and adding Subsection (f), as follows:
(c) Declares that any person who violates an provision of this
Act for which a specific criminal penalty is not prescribed
commits a Class A misdemeanor, except that the offense is a
felony of the third degree if the person has previously been
convicted of an offense under this Act and the offense
consists of the person's failure to hold a registration,
certificate, license, or commission that the person is
required to hold by this Act.
(f) Declares that a person commits a Class A misdemeanor if
the person knowingly hires, contracts with, or employs a
person who is required to hold a registration, certificate,
license, or commission under this Act but does not hold the
required registration, certificate, license, or commission or
who otherwise, at the time of hire, contract, or employment,
is in violation of this Act.
SECTION 15. Amends Section 46.02(b), Penal Code, to provide that
it is a defense to prosecution under this section that the actor
was, at the time of the commission of the offense, a person who
holds a security officer commission and an authorization issued by
the board and who is providing personal protection under Article
4413(29bb), V.T.C.S.
SECTION 16. Amends Section 46.03(d), Penal Code, to provide that
it is a defense to prosecution under Subsection (a) that the actor
possessed a firearm or club while traveling to or from the actor's
place of assignment or in the actual discharge of duties as a
security officer who holds an authorization under Article
4413(29bb).
SECTION 17. Effective date: September 1, 1995.
Effective date of SECTION 10: March 1, 1996.
SECTION 18. Makes application of this Act prospective.
SECTION 19. Requires the Texas Board of Private Investigators
and Private Security Agencies to adopt rules relating to required
continuing education programs not later than March 1, 1996.
SECTION 20. Emergency clause.