BILL ANALYSIS



C.S.H.B. 1448
By: Carter
05-02-95
Committee Report (Substituted)


BACKGROUND

The field of personal protection is a new and fast growing segment
of the Security Industry.  It is presently being used by many major
domestic corporations, international corporations, prominent public
individuals, entertainers and politicians.  In most instances these
individuals prefer to use non-uniform security personnel with
concealed weapons.  Uniformed security in such a capacity draws too
much attention to the individual(s) being protected.

Presently, most of this type of work is performed by off-duty law
enforcement personnel.  In many instances, persons performing such
personal protection duties do so by carrying concealed weapons
illegally.  A recent survey by the Texas Board of Private
Investigators and Private Security Agencies showed that 8 out of 9
states that were contacted had some type of personal protection
laws in place.

PURPOSE

To include persons engaged in the business of protecting
individuals from bodily harm within the scope of the Texas Board of
Private Investigators and Private Security Agencies Act.

RULEMAKING AUTHORITY

It is the committee's opinion that SECTION 2 and SECTION 3 of H.B.
1448 delegates rulemaking authority to the Board of Private
Investigators and Private Security Agencies.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Private Investigators and Private
Security Agencies Act (Article 4413(29bb)), by adding Subdivisions
(3)(B) to include persons engaged in the business of personal
protection in the definition of "Investigations company;" adding
Subdivision (4)(e) to include persons engaged in the business of
personal protection in the definition of "Guard company;" adding
Subdivision (34) to define "Personal protection authorization;" and
adding Subdivision (35) to define "Personal protection officer."

SECTION 2.  Amends Section 14, Private Investigators and Private
Security Agencies Act (Article 4413(29bb)), by adding Subsections
(d) to set forth the process to be followed by an applicant for
personal protection authorization, and by adding Subsection (e) to
provide that the time period for personal protection authorization
runs concurrently with the security officer commission under which
the authorization is issued.  Subsection (f) directs the Board to
establish a 15 hour course in non-lethal training.  The training is
in addition to the required basic security course.  Subsection (g)
requires an applicant to undergo psychological testing.

SECTION 3.  Amends Section 17(a), Private Investigators and Private
Security Agencies Act (Article 4413(29bb)), by providing that the
fees established by the Texas Board of Private Investigators and
Private Security Agencies associated with personal protection
authorization applications shall not exceed $50.00.

SECTION 4.  Amends Section 19(a), Private Investigators and Private
Security Agencies Act (Article 4413(29bb)), by adding Subdivision
(4) to set forth the circumstances under which a personal
protection officer may carry a concealed firearm.

SECTION 5 Amends Section 46.02(b), Penal Code, to provide a defense
to prosecution for a person who holds a personal protection
authorization and who is providing personal protection.

SECTION 6 Amends Section 46.03(d), Penal Code, to provide a defense
to prosecution for a person who holds a personal protection
authorization.

SECTION 7 Effective Date

SECTION 8 Emergency Clause

COMPARISON OF ORIGINAL TO SUBSTITUTE

The Substitute:

Requires personal protection officers to complete 15 hours of
training in non-lethal self-        defense or defense of a third
person, in addition to, the standard training for security        
officers.

Requires personal protection officers to undergo psychological
testing

Amends Section 46.02(b), Penal Code, Unlawful Carrying of Weapons,
to provide a         defense to prosecution for carrying a weapon
if the person is licensed by the Board of         Private
Investigators and Private Security Agencies as a personal
protection officer.

Amends Section 46.03(d), Penal Code, Places Where Weapons
Prohibited, to provide a defense to prosecution for carrying a
weapon into a prohibited place if the person is licensed by the
Board of Private Investigators and Private Security Agencies as a
personal protection officer.   
SUMMARY OF COMMITTEE ACTION

HB 1448 was considered by the committee in a public hearing on
April 4, 1995.  The follwing persons testified for the bill:  John
Chisum, representing the Texas Association of Licensed
Investigators; Bob Antczak, representing Associated Security
Services & Investigators of the State of Texas; Robert Contreras,
representing himself.  The following person testified on the bill:
Clema Sanders, representing the Texas Board of Private
Investigators.  The bill was left pending.

HB 1448 was considered by the committee in a formal meeting on
April 25, 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 7 ayes, 0 nays, 0
pnv, and 2 absent.